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258 MERNOUSH BANTON<br />

Merck & Co. Inc. spent more than $1.5 million in the second quarter of 2009 alone<br />

lobbying on health-care reforms, vaccine funding, and government drug pricing. That was<br />

up 30 percent from the $1.17 million that Merck spent lobbying in the year-ago period.<br />

Merck lobbied on several health care reform issues, including supporting increasing coverage<br />

for uninsured people and requiring research comparing the effectiveness of different<br />

medical treatments. Merck also lobbied against allowing cheaper prescription drugs to be<br />

imported back into the United States from countries that impose price controls and to<br />

require that any such re-imported drugs, if allowed, be certified as safe. Merck also lobbies<br />

against increasing the rebates drug companies pay the government under the Medicaid<br />

drug program and against changing Medicare rules to impose government price controls<br />

on prescription drugs. Merck also lobbies for ensuring that the Medicare program gives<br />

“appropriate access to vaccines,” and for a boost to funding for the Centers for Disease<br />

Control and Prevention’s immunization program for low-income children.<br />

In 1997, the FDA relaxed its rules, allowing drug manufacturers to advertise on television.<br />

The FDA Amendments Act of 2007 went into effect on March 25, 2008, mandating<br />

that published DTC advertisements for prescription drugs must include this printed<br />

message: “You are encouraged to report negative side effects of prescription drugs to the<br />

FDA. Visit www.fda.gov/medwatch, or call 1-800-FDA-1088.”<br />

Most often, drug companies have direct promotional expenses such as contractually<br />

agreed expenses related to market research, detailing aids, agency fees, DTC advertising,<br />

meetings and symposia, trade programs, launch meetings, special sales force incentive<br />

programs, and product samples. A research study released by two York University<br />

researchers estimates that the U.S. pharmaceutical industry spends almost twice as much<br />

on promotion as it does on research and development. The research estimates that from<br />

data collected directly from the industry and doctors during 2004, the U.S. pharmaceutical<br />

industry spent 24.4 percent of its sales dollar on promotion versus 13.4 percent for<br />

research and development, as a percentage of U.S. domestic sales of $235.4 billion.<br />

Research and Development<br />

In 2008, R&D spending in the drug industry reached a record level of $65.2 billion.<br />

R&D investment per employee in the sector is eight times higher than other manufacturing<br />

industries. The entire drug development may take many years, with only a small<br />

percentage of candidate drugs surviving the testing and the FDA approval process. On<br />

average, companies could be working on 100 to 150 new drugs, with the probability of<br />

1 to 3 percent getting approved and reaching the market. The life span from discovering,<br />

developing, clinical testing, and FDA approval for a new drug could take approximately<br />

between 10 to 15 years, with a cost of $500 million to $750 million.<br />

Drug companies face constant challenges as their competitors pioneer in getting<br />

patent approval from the FDA. As stated earlier, drug discovery and development is a very<br />

sophisticated process that can take many years. Because the success of a company is based<br />

on the number of drugs in the market and the years of patent protection, the cost of R&D<br />

plays a major role in the company’s financial position and analysis.<br />

Companies in the pharmaceutical industry spend heavily on R&D to ensure they<br />

have a number of patents in the pipeline. With R&D costs rising, drug makers mostly<br />

focus on products for chronic rather than acute diseases, on the large patient population<br />

with cancer, arthritis, and cardiovascular problems. The top drug categories are medications<br />

for cancer, and ulcer, and treatments for high cholesterol and depression.<br />

According to PhRMA, member companies invested a record $50.2 billion in 2009 in<br />

research and development for new medicines.<br />

Trend<br />

Another factor impacting the industry is the world’s increasing elderly population. The<br />

over-65 age group consumer uses three times more drugs than the younger population and<br />

is expected to reach 690 million by 2025. In the 1990s, more than 150 products were<br />

brought into the market for age-related conditions, and approximately 600 more are in the<br />

development stage. The aging population also has increased the demand for low-cost

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