As you may recall, 21 Members of Congress requested the Government Accountability Office (GAO) study direct-to-consumer oversight by the Federal Trade Commission and Federal Drug Administration in December of 2021. Last week, the AAO received favorable news that the GAO has agreed to conduct a 2022 summer study on “…federal regulation of Direct-To-Consumer (DTC) advertising practices for prescription medical products,” including orthodontic.
In December 2021, the AAO Legal & Advocacy team, in coordination with AAO’s lobbying firm, Cozen O’Connor Public Strategies, successfully led the effort that helped secure a bipartisan group of 21 Members of Congress to sign a letter sent to Comptroller General Gene Dodaro requesting the GAO “conduct a study of the federal regulation of Direct-To-Consumer (DTC) advertising practices for prescription medical products.” The signatories also indicated that a GAO review of these issues “will be an important step toward protecting consumers and towards mitigating any potential medical or public health harms that may arise from these marketing practices.”
The letter specifically pointed to mail-order orthodontic treatment as well as mail-order contact lenses as two examples of “recent issues within this industry [that have] aroused repeated complaints and calls for each company to be investigated by the Federal Trade Commission and Food & Drug Administration….” You can view the letter here.
According to the response now received from the GAO, the GAO will be investigating what the FDA and FTC are doing to regulate DTC products, including DTC orthodontic aligners. The AAO appreciates the GAO’s recognition of the importance of this issue in undertaking the upcoming investigation. The AAO likewise appreciates the members of Congress who signed the initial letter and their concern for the health and safety of patients who consider DTC products.
These efforts are a great snapshot of AAO Advocacy efforts, as well as the vital role AAOPAC plays in AAO advocacy work. If you have not done so recently, please consider supporting AAOPAC through a contribution, by visiting aaopac.org.
