Consider the following hypothetical statute:

The Truth in Medical Advertising Act:

1. No drug or medical device requiring FDA approval shall be advertised on television until at least two years after it receives FDA approval

2. Drugs or devices with "black box warnings" cannot be advertised on television.

3. No television advertisement of an FDA-approved drug or medical device shall be aired until the FDA has determined that the proposed advertisement provides a

balanced presentation of the drug or device's risks and potential benefits.

4. All risk information in television advertisements of FDA-approved drugs and medical devices must be presented orally. Risk information may also be presented in text appearing on the screen, but any information presented in text must also be presented orally.

A position paper describing what, if any, constitutional issues this legislation presents, and whether it would support the legislation as a policy matter.