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.
Crawford, Jr LM. Commercial Speech and Public Health: Request for Comment. JAMA. 2002;288(1):36. doi:10.1001/jama.288.1.36