Traditionally drug manufacturers have been excused from the general duty to warn consumers about the risks associated with their products by the learned intermediary doctrine. Though the doctrine has a sound grounding in public policy, drug companies have recently employed marketing strategies that undermine the usefulness of the learned intermediary rule. In Doe v. Alpha Therapeutic Corp., the Missouri Court of Appeals for the Eastern District of Missouri recently addressed whether the learned intermediary doctrine can be used as a defense when a drug company markets a product directly to consumers. This Note discusses the learned intermediary defense and its applicability to drug companies that engage in direct-to-consumer advertising.

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