Without a way to legally enforce these guidelines under law, it's a good bet that the drug industry will continue giving short shrift to side effects and safety concerns in its advertising. Congress needs to act to ensure consumers and doctors know about all the potential safety problems with a drug, and not just the pretty picture industry wants to paint.
Much of what the industry is proposing is already law, such as producing ads that aren't misleading. What we clearly need is more authority and resources to ensure that all marketing, not just the amount spent on direct-to-consumer advertising, is honest and accurate.
The law in the United States, in every jurisdiction until about 1876, was that if a factory put smoke into the air, even one day a year, and it got onto a neighbour's property, the neighbour had the right to enjoin to close down the factory, and the courts had no choice but to do that.
In the courtroom, it's where a lawyer really becomes an actor. There's a very fine line between delivering a monologue in a play and delivering a monologue to a jury. I've always felt that way - I've been in a lot of courtrooms. The best lawyers are really theatrical.