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Belch: Advertising and<br />

Promotion, Sixth Edition<br />

IMC PERSPECTIVE 21-3<br />

VII. Special Topics and<br />

Perspectives<br />

21. Regulation of<br />

Advertising and Promotion<br />

© The McGraw−Hill<br />

Companies, 2003<br />

The Debate over Direct-to-Consumer Drug Advertising<br />

For years, pharmaceutical companies did most of their<br />

prescription-drug marketing directly to physicians,<br />

either through their sales forces or by advertising in<br />

medical journals. However, in 1997 the Food and Drug<br />

Administration (FDA) issued new guidelines making it<br />

easier for pharmaceutical companies to advertise prescription<br />

drugs on television as well as in print media.<br />

With the change in guidelines, direct-to-consumer<br />

drug advertising has exploded, and pharmaceutical<br />

companies are some of the largest consumer advertisers.<br />

Brand name prescription drugs such as Prozac,<br />

Viagra, and Claritin have become as well known to consumers<br />

as brands of soft drinks.<br />

Direct-to-consumer drug advertising spending<br />

soared from $859 million in 1997 to $2.8 billion in<br />

$2001. In recent years there has been a flurry of ads<br />

hawking prescription drugs for a variety of medical<br />

problems and conditions, including allergies, heartburn,<br />

arthritis, depression, and impotence. Drug companies<br />

use celebrities to pitch their products just as<br />

effectively as other marketers do. A television commercial<br />

for cholesterol drug Zocor features National<br />

Football League coach Dan Reeves stating, “Taking<br />

care of my cholesterol; it has become an important<br />

part of my game plan.” Former figure skating champion<br />

and Olympic gold medalist Dorothy Hammill talks<br />

about experiencing the pain of osteoarthritis in a commercial<br />

for Vioxx. Pfizer used former vice president<br />

Bob Dole as an advertising spokesperson when it<br />

launched Viagra in 1998 and now spends nearly $100<br />

million a year to advertise the male impotence drug.<br />

Texas Ranger’s baseball star Rafiel Palmeiro appears in<br />

ads for the product, stating, “I take batting practice. I<br />

take infield practice. I take Viagra.”<br />

The pharmaceutical companies note that the<br />

increased spending on drug advertising has helped<br />

educate consumers about their options and has<br />

caused people to see doctors about medications who<br />

might not have done so otherwise. However, a number<br />

of physician, consumer, and health care groups have<br />

expressed concern over the increase in drug advertising<br />

for several reasons. A major concern of these<br />

groups is whether the ads are accurate and whether<br />

they inform consumers of all the risks associated with<br />

taking the drugs. Consumer groups have asked the<br />

Food and Drug Administration to develop a process for<br />

enforcement of the “fair balance” provision, an FDA<br />

regulation governing broadcast commercials that<br />

requires drug ads to give both the benefits and the<br />

risks of taking a medication.<br />

The FDA is charged with the responsibility of ensuring<br />

that drug advertising is fair, balanced, and truthful.<br />

However, the number of ads submitted annually for<br />

FDA scrutiny, including TV spots, magazine ads, Internet<br />

sites, and even pamphlets used by sales representatives,<br />

has jumped nearly 35 percent over the past five<br />

years, from just over 25,000 to more than 34,000. The<br />

number of citation letters issue by the FDA to drug<br />

companies for ads that might be false, misleading, or<br />

otherwise out of compliance has been steadily declining,<br />

as only 71 were sent out in 2001. The pharmaceutical<br />

companies say that the drop in citations shows<br />

that their advertisements are cleaner than before and<br />

that the companies are much more knowledgeable<br />

about the FDA guidelines than they were in 1997. However,<br />

the FDA’s director of the Division of Drug Marketing,<br />

Advertising and Communication notes that with<br />

its limited resources the division cannot investigate<br />

all of the ads so it focuses on ads deemed most critical—those<br />

that appear on television, make unusual<br />

claims, or raise a major public health issue.<br />

Many watchdog organizations such as the Public Citizen’s<br />

Health Research Group feel that the drug companies’<br />

advertising and marketing pitches are not more<br />

honest or balanced than they were in the past. They<br />

argue that the FDA citations are little more than slaps<br />

on the wrist to the powerful drug companies and that<br />

the FDA has to be given the authority to levy stiff fines<br />

against companies that repeatedly violate its guidelines.<br />

Consumer advocates have also argued for stricter<br />

regulations on drug ads, noting that while advertisers<br />

must include statements about negative side effects or<br />

toxicity, it is the dancing couples and happy images that<br />

people remember—not the cautionary voiceover.<br />

Another concern over the increase in prescriptiondrug<br />

advertising has been raised by insurance companies<br />

as well as employers, who feel that the ads are<br />

driving up the costs of health care. These companies<br />

737

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