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FDA On Legal Tightrope In Push To Restrict Drug Ads, Law360

September 16, 2025

Morgan Lewis partner Maarika Kimbrell is quoted in a Law360 article examining the FDA’s effort to rescind its 1997 on direct-to-consumer drug advertising and the constitutional and procedural challenges the agency may face in attempting to require fuller risk disclosures in pharmaceutical advertisements.

"I don't know where FDA is going to end up here and how all the cards will be turned over," she said, "but this initial announcement does feel different. And then that makes me wonder whether they're going to take a different sort of benefit-risk analysis when it comes to how [the agency] is taking action."

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