Bayefsky Michelle J
Michelle Bayefsky, B.A., is a fourth-year medical student at Harvard Medical School (Boston, Massachusetts). Previously she was a post-baccalaureate fellow in the Department of Bioethics of the National Institutes of Health, where her work focused on topics related to reproduction, genomics policy, and public health. Ms. Bayefsky graduated summa cum laude from Yale College (New Haven, Connecticut) with a Bachelor of Arts in ethics, politics and economics.
J Law Med Ethics. 2020 Dec;48(4):748-764. doi: 10.1177/1073110520979386.
This paper reviews common advertising claims by egg freezing companies and evaluates the medical evidence behind those claims. It then surveys legal standards for truth in advertising, including FTC and FDA regulations and the First Amendment right to free speech. Professional standards for medical advertising, such as guidelines published by the American Society for Reproductive Medicine (ASRM), the American College of Obstetricians and Gynecologists (ACOG), and the American Medical Association (AMA), are also summarized. A number of claims, many of which relate to the targeting of younger women for eOC, are found to breach legal and ethical standards for truth in advertising. The ethical implications of misleading advertising claims are also discussed, and the central narrative woven by OC ads - that egg freezing is empowering to women - is examined. The paper concludes that a more balanced approach to the risks and benefits of OC is necessary to truly respect women's autonomy. Moreover, justice requires us to look beyond a medical procedure accessible only to a minority of women in order to address inequities in the workplace.
本文回顾了卵子冷冻公司常见的广告宣传,并评估了这些宣传背后的医学证据。接着,本文调查了广告真实性的法律标准,包括联邦贸易委员会(FTC)和食品药品监督管理局(FDA)的规定以及第一修正案赋予的言论自由权。还总结了医学广告的专业标准,如美国生殖医学学会(ASRM)、美国妇产科医师学会(ACOG)和美国医学协会(AMA)发布的指南。许多宣传,其中许多与针对年轻女性进行卵子冷冻有关,被发现违反了广告真实性的法律和道德标准。本文还讨论了误导性广告宣传的伦理影响,并审视了卵子冷冻广告所编织的核心叙事——卵子冷冻赋予女性力量。本文得出结论,要真正尊重女性的自主权,需要对卵子冷冻的风险和益处采取更平衡的方法。此外,正义要求我们超越只为少数女性提供的医疗程序,以解决职场中的不平等问题。