From: Alice Colleen Bach [acbach@chorus.net]
Sent: Wednesday, September 04, 2002 11:30 PM
To: fdadockets@oc.fda.gov
Subject: FDA and control of advertising

Hi.

Just wanted to take advantage of this opportunity to comment on the FDA's control of commercial speech. I gather that there are changes in the offing and, as a concerned citizen, I appreciate the chance to weigh in w/ my  opinion.  While it is difficult to leave my political opinions out of these sorts of matters (for example the background and stated opinions of Mr. Troy as FDA chief counsel), it does seem important to encourage the FDA to consider public health over the supposed rights of corperations.  From George Washington to Teddy Roosevelt, the dangers of investing corperations w/ anything like the same protections given individuals in our democracy have been expressed far more eloquently than I can manage and remain true - corps are legal fictions that have become both a menace and a scourge upon capitalism and America. It is obvious nonsense that restrictions upon corp.'s ability to advertise infringe upon either the first amendment (corps were never and should never be considered persons or citizens by the constitution) or the corp's 'right' to make money.  Corps continue to make quite a healthy (or unhealthy) profit in tobacco, alcohol and gambling w/o unlimited access to advertising.  About the only 'sufferer' from such restrictions are the advertising corps denied yet another revenue stream - a loss that does not seem to hurt those corps profitability.  Implying corps have some standing in the first amendment does far more harm to that amendments true purpose - the enormous sums of money corps can bring to bear upon an advertising campaign leave us poor citizens not merely at a disadvantage, but, quite frankly, out of the game as far as making any opposing case.  And the  callousness and disregard for truth, public safety and human welfare which corps have shown in what is now the corps' allowed access to 'commercial speech' make it quite clear that less, not more access is in the best interest of America.  

Thanks for your time.

Andy Bach, etc
414 Oak Crest Avenue
Madison, WI 53705-2739
acbach@chorus.net