02N-029-Request for Comments on First Amendment IssuesFrom: Judy Jensvold [jmj5@cornell.edu]
Sent: Thursday, September 05, 2002 12:21 PM
To: fdadockets@oc.fda.gov
Subject: 02N-029-Request for Comments on First Amendment Issues

Dear FDA:


I believe the FDA should work hard to maximize its authority to regulate commercial speech because:
I don't believe  corporations  are fictional "persons" and entitled to the same First Amendment protections that real people enjoy, in regards to advertising.


When corporations enjoy First Amendment protections it essentially nullifies the speech rights of individuals, since individuals cannot afford the massive advertising campaigns that corporations wage, and so cannot talk back.


 Restrictions on the advertising of tobacco, alcohol, gambling and pharmaceuticals are essential for protecting public health.  Of all the problems facing our country, insufficient advertising of cigarettes, liquor, etc. is not one of them.  Direct-to-consumer drug advertising exists primarily to promote the sale of drugs, not to educate.


Children are especially vulnerable to advertising, because corporations use sophisticated psychological techniques to trick them, and because children lack the maturity to deal with these techniques. Corporations use advertising to drive a wedge between parents and children. Due largely to the assault of marketing to children, there have been marked increases in marketing-related diseases, such as childhood obesity and type 2 diabetes.


Finally, for the FDA, public health should be a higher priority than protecting corporations or their right to advertise.


                                                Sincerely,




                                                Judy M. Jensvold
                                                314 Turner Place
                                                Ithaca, NY 14850