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JAMA. 2002;288:36.

	Since this article does not have an abstract, we have provided the first 150 words of the full text and any section headings.

The FDA is seeking comment and information on the effect of commercial speech on public health to help ensure that the agency's regulations, guidance, policies, and practices continue to comply with First Amendment case law. Historically, the agency has used its authority to ensure that health care providers and consumers receive accurate and complete information about health care products. However, some aspects of the FDA's authority have been questioned as obstructing free speech.

In April 2002, for example, the US Supreme Court in Thompson v Western States Medical Center struck down on First Amendment grounds the FDA's authority to restrict advertising of certain compounded drugs. Lower courts have also made decisions on First Amendment grounds that may affect the legal credibility that the FDA needs to carry out its public health duties.

The FDA therefore seeks comments on several questions, including:

1. Are there arguments for regulating commercial speech about drugs . . . [Full Text of this Article]