Drug companies defend TV ads critics call misleading

May 8, 2008

WASHINGTON (AP) — Some of the nation's largest pharmaceutical companies defended their TV advertisements Thursday from Democrats pushing for tougher restrictions on what they call misleading marketing.

Executives from Pfizer (PFE), Johnson & Johnson (JNJ) and a joint venture between Merck (MRK) and Schering Plough (SGP) will testify before House lawmakers on three discontinued advertisements. All three promotions were criticized by House Democrats as potentially misleading consumers.

A senior vice president for Merck and Schering's joint venture stated in prepared testimony that advertisements for the cholesterol pill Vytorin "only made claims that are supported by research." Senior Vice President Deepak Khanna's testimony also stated that the Food and Drug Administration cleared all the claims made in the promotions.

The advertisements pictured fatty meals alongside "older relatives" with similar-sounding names — a frankfurter and Uncle Frank, for example — explaining that both diet and family can cause bad cholesterol. The promotions, dubbed the "food and family" campaign, ran in heavy rotation beginning in 2004 and helped push Vytorin sales to more than $5.1 billion last year.

Merck and Schering stopped their TV marketing for Vytorin after releasing disappointing study results for the drug, but the Chairman of the House Energy and Commerce Committee's subcommittee for oversight said that action came too late.

"Many consumers may not have taken Vytorin had they been aware of the study results," said Rep. Bart Stupak.

The Michigan Democrat said he is considering new restrictions on drug companies to "protect American consumers from manipulative commercials."

Democrats have stepped up their scrutiny of the drug industry in recent months after revelations that Merck and Schering Plough's Vytorin was no better at stopping plaque buildup than a low-cost generic.

The study was completed in 2006 but the companies didn't release the information until January, after Congress began investigating the delayed trial. Two Congressional committees have requested interviews and documents from Merck and Schering about the handling of Vytorin.

Kenilworth, N.J.-based Schering disclosed earlier in the week that the Department of Justice is seeking similar information.

Last year, Democrats tried unsuccessfully to pass a law that would ban consumer-directed advertisements in the three years after a drug's approval. They are expected to make a similar push later this year.

TV marketing has become a pillar of the pharmaceutical business since regulators first loosened rules to allow the practice a decade ago. Companies spent roughly $3.5 billion on spots last year, and most blockbuster drugs of the last 10 years have been trumpeted by a heavy cycle of commercials.

A government investigator from the General Accountability Office told lawmakers Thursday that the Food and Drug Administration reviews only a small portion of the advertising materials it receives and doesn't keep clear records of those it does study. The findings mirrored those outlined in a 2006 GAO report.

Stupak and Energy and Commerce Chairman John Dingell, D-Mich., have frequently accused FDA of not doing enough to ensure the safety of food and drugs.

But representatives for the drug industry say the Democrats' criticism of FDA is primarily driven by political motives.

"It's all about politics, not advertising," said John Kamp, director of the Coalition for Healthcare Communication, a lobbying group for drug and media companies.

"They hold a hearing so they can pretend their guys would do a better job running the agency than the Republicans," Kamp said in an interview Monday.

FDA is headed by a Republican commissioner appointed by the White House.

Source: www.usatoday.com

Comment: Only two nations in the world allow pharmaceutical companies to promote their products in marketing campaigns known as Direct-to-consumer or DTC advertising. Drug companies spent a record $4.8 billion in 2006, up from $2.6 billion in 2002, in the US alone to sell drugs to patients through television ads. Nearly 35 percent of Americans ask their doctors about the ads they saw on TV and 82 percent obtain the prescription. No wonder representatives of the industry are aggressively defending their position. Pharmaceutical companies try to portray these advertisements as “Educational” to promote the drug to affected patients. The FDA is an under-funded organization and governmental agencies also agreed that most of these ads are not reviewed for accuracy and claims. Now the American Medical Association is also joining the fight against DTC advertising by drug companies. Pharmaceutical companies spent twice the amount in marketing the drugs than they spent in research and development.

For more than a decade, Dr. Rath has been fighting against such unethical practices of the pharmaceutical companies. Read more about his fight and join Dr. Rath’s Health Alliance at www.drrathhealthalliance.com.