| Different rules apply In launching ad campaigns for prescription drugs, pharmaceutical companies strive to make a memorable impression on consumers. But they must be careful not to run afoul of Food and Drug Administration guidelines. The FDA does not approve ads before they air or run in publications a practice that some proposed federal legislation would change. Once the ads are in broad circulation, however, the FDA is required to ensure that they adhere to regulations that differ depending on the type of ad. If regulators determine that an ad is not meeting those guidelines, they can send a "warning letter" to the drug maker that details the offense (for example, an unsubstantiated superiority claim or a failure to balance risk and benefit information). In most cases, the FDA requires the problem to be fixed before the ad can be re-aired or published again, but sometimes it directs the company to run "corrective" advertising as well. In a number of recent cases, FDA warning letters have prompted companies to abandon a campaign altogether. What's what in the world of prescription drugs ads? Product ad: If an ad names a prescription drug, it may only tout the benefits of that drug as a treatment for the use (or "indication") that the FDA has approved. It may not discuss other uses (known as off-label uses) for which physicians often and quite legally prescribe a medication. When an ad says what medical condition the drug treats, it must also identify the medication's major risks. The ad must further guide consumers to a place a printed ad, toll-free number or website where they can get a more detailed accounting of potential side effects. This FDA regulation is why viewers often hear a fast-talking voice-over or see small print at the end of an ad urging them to "talk to your doctor" or "see our ad" running in a general-interest magazine. Reminder ad: Usually a short adaptation of a longer product ad, the reminder ad is exempt from identifying a drug's risks, but it may not identify the condition that the drug treats. This is why consumers frequently see ads that mention a prescription drug without reference to what it's used for. Reminder ads are designed primarily to get consumers who are already on a medication to stay on it and to help those who have seen longer product ads to remember the drug's name. Disease awareness ad: It's not quite a public-service campaign, but the disease awareness ad aims to educate the public about the dangers, symptoms and prevalence of a medical condition typically one for which a drug company offers a treatment. The name of the sponsoring company typically appears, often with a website or toll-free number that will lead to product information. The name of that company's product usually is not mentioned. Drug industry leaders have called for more of these ads, which often help drive those with under-recognized conditions to see their doctors. |
Schilling is not alone in his wary fascination. Americans who watch TV, listen
to the radio or flip through a magazine these days are bombarded with advertisements
designed to pique interest in a most unlikely consumer product: prescription
drugs.
But at a time when the safety and cost of such medications have become hot-button
political issues, politicians, patients and those who tend to the nation's health
are viewing these ads with a new wariness. The result is a simmering national
debate over how, when and even whether drug makers should appeal directly to
American consumers.
As lawmakers plot new restrictions on the practice, the drug industry, in a
bid to preempt, is scrambling to voluntarily reform itself.
Just last week, Bristol-Myers Squibb Co. announced that it would not promote
any of its new drugs directly to the public for at least one year.
Michael Guarini, a partner with the advertising leader Ogilvy & Mather Worldwide,
calls this "the perfect storm" in drug advertising, as many forces
gather to reform the young industry. Guarini acknowledged that much prescription
drug advertising has left its sponsors open to attack.
"I hate to use the word 'slick,' but [they've become] a bit too consumerized,"
said Guarini. "There's not enough balance between risk and result."
Peter Pitts, a former associate commissioner of the Food and Drug Administration,
goes further. "People need to see that pharmaceutical companies are not
only hucksters trying to sell you pills but also squarely in the public health
business."
The debate over prescription drug advertising has gained new momentum since
the popular arthritis drug Vioxx was withdrawn from the market in September
2004 over safety concerns. For several years, Vioxx was the most aggressively
promoted drug on the market, with direct-to-consumer advertising spending reaching
almost $300 million between 2000 and 2001.
Celebrex, which came under scrutiny by the FDA and is being marketed now with
stronger warning labels, was a close second in its promotional budget. The evidence
that advertising had caused a rapid nationwide shift to the new drugs led the
Journal of the American Medical Assnto warn in December 2004 that "the
combination of mass promotion of a medicine with an unknown and suspect safety
profile cannot be tolerated in the future."
Until the late 1990s, physicians were virtually the only members of the public
who heard drug companies' pitches. But in 1997 the FDA which regulates
the claims that can be made about prescription drugs issued new, more
relaxed guidelines for advertisements aimed at the public. Suddenly a new form
of commercial appeal the direct-to-consumer drug ad became the
fastest-growing segment of the advertising business and a staple of daytime
TV, talk radio and glossy magazines.
Today the direct-to-consumer advertising of prescription drugs is a $4.5-billion
industry, with its own creative gurus, Internet bloggers and federal regulators
hanging on every 30- and 60-second spot. Since 1997, drug makers have increased
their spending on advertising almost fivefold, with television advertisements
leading the way.
These ads appear to work too: A Kaiser Family Foundation survey in 2001 found
that 30% of Americans had spoken to a physician about a specific medication
they had seen advertised. And 44% of those about 13% of the American
public reported that they came away with the prescription they asked
about.
Drug advertising has succeeded in doing many things, arguably both good and
bad. Studies have demonstrated that direct-to-consumer advertising boosts the
sale of advertised drugs and drives overall healthcare costs upward.
Other studies suggest that it enhances communication between patients and their
physicians, that it increases the diagnosis of many serious conditions, and
that it has helped remove the stigma of many illnesses, such as depression and
erectile dysfunction. It may even help patients who are already on medication
regimes stay on them.
A recently published study tracking TV ads in Atlanta found that, during one
week in 2001, commercials for prescription drugs represented 2.3% of all ads,
and that women who make the majority of healthcare decisions for their
families and the elderly are the prime targets. The authors, from Emory
University School of Medicine, estimated that an average viewer was probably
exposed to more than 30 hours of drug ads in 2001 about a third of them
for drugs available only when prescribed by a doctor.
Schilling says he finds the ubiquitous advertisements for the erectile dysfunction
drugs Viagra, Cialis and Levitra clever and a bit enticing. Though he does not
suffer from the condition, he acknowledges, "I'm tempted to go to my doctor
and say, 'Hey, doc, lemme try this out.' "
A few years ago, shortly after he learned that he had high cholesterol, Schilling
remembers seeing an advertisement for a cholesterol-lowering drug and thinking,
"Wow, there's medicine for this! Maybe I don't have to give up the butter!"
Reactions like these have prompted concern among physicians, federal health
officials and those including lawmakers who have watched in alarm
as the cost of healthcare has risen faster than at any time in history. They
fear that advertising prescription drugs to the public encourages the widespread
use of costly brand-name medications, often by people who do not need them,
who should not take them, or who could use older, safer and cheaper treatments
for treating their conditions.
These critics also worry that patients are pestering their physicians for drugs
they've seen advertised, and that many doctors too pressed for time or
too eager to please will send these patients home with the stuff they
asked for. They worry that rather than telling their patients, as Schilling's
doctor did, "No, you really do have to give up the butter," some doctors
will pull out a prescription pad and write the name of the product that they
themselves hear touted by the drug company's sales force, see advertised in
journals, magazines and on TV, and that their patients are now requesting by
name.
Skipping the middleman
Some, like Dr. Marcia Angell, author of "The Truth About the Drug Companies,"
have argued that drug companies should not be allowed to take their appeals
to the broad public. Others have called for closer government oversight and
a removal of government tax breaks that help to underwrite the ads.
"More and more drug companies are treating doctors as a middleman they
wish to skip," said Sen. Ron Wyden (D-Ore.) in late May as he proposed
legislation stripping drug companies of the tax deduction for advertising directly
to the public. "They make a lot more if patients without medical degrees
are encouraged to start writing their own prescriptions, whether the drug is
the right one or not."
Congress is considering a raft of legislation that would impose new limits on
the advertising of prescription drugs. Several bills, including Wyden's, would
limit or eliminate the drug companies' tax deduction for marketing and advertising
campaigns.
Another would create an FDA office of drug safety that would, among other tasks,
review and approve advertisements before they reach the public if a medication
is new to the market, if it is considered high risk, or if its safety is not
the subject of ongoing studies. (Currently the FDA requires that prescription
drug advertisements be submitted for review at the time they go into public
circulation.)
One legislative proposal, however, has been spurred by sheer embarrassment.
Rep. James P. Moran (D-Va.) has proposed legislation that would bar the airing
of ads for erectile dysfunction drugs between 6 a.m. and 10 p.m. It was no coincidence
that Moran unveiled his legislation just a few weeks after the 2005 Super Bowl
broadcast, during which many Americans found themselves diving for the mute
button during ads for erectile dysfunction drugs.
The growing outcry over drug ads appears to have spurred increased vigilance
from federal regulators as well. Of roughly a dozen warning letters issued in
the last nine months, two have derailed multimillion-dollar ad campaigns, including
a Dr. Seuss-inspired ad for the cholesterol-lowering drug Crestor and an advertisement
for Viagra in which the "V" is shown emerging, like horns, from a
man's head, with the tagline "He's Back!"
Reaction to the sudden swirl of controversy has the drug industry and its advertising
partners in a hurry to react. In March, Johnson & Johnson Pharmaceuticals'
William Weldon, in his opening remarks as chairman of PhRMA Pharmaceutical
Research and Manufacturers of America, the drug industry's most prominent trade
association acknowledged that drug advertising "may inadvertently
minimize the importance and power of medicines and their risks."
"If our industry is to retain the important right to talk directly to consumers,"
Weldon warned drug makers that they would have to go beyond pitching their own
products and use ads more to "educate and counsel consumers."
Although Weldon's comments touched off a bitter debate among drug company executives,
the industry has moved quickly to preempt tighter government restrictions and
regain the confidence of shaken consumers. In the next several weeks, PhRMA's
president and chief executive, former Congressman W.J. "Billy" Tauzin,
has said that drug companies will unveil a voluntary code of conduct for the
advertising of prescription medications.
Although still under wraps last week, that code is expected to include a call
for greater balance in the presentation of drugs' risks and benefits and a heightened
focus on using ads to raise awareness of treatable diseases and their symptoms.
Pitts, the former FDA associate commissioner, sees this as an opportunity for
drug companies to help educate the public about the dangers and symptoms of
under-diagnosed health threats such as diabetes and high blood pressure. In
so doing, he says, they could restore an image tarnished by market withdrawals,
concern over drug prices and public distrust of their advertising. "Right
now, any congressman or senator who orates on the evil of the pharmaceutical
industry gets a freebie," said Pitts.
In many ways, consumers such as Schilling reflect the credibility gap that drug
companies appear to have opened with their aggressive advertising of prescription
drugs and the benefits those companies could reap if they would show
greater restraint.
Asked if he expects better advertising for prescription drugs on TV, Schilling
said he doesn't. "Not so much on TV because they're just hawking stuff,"
he said. At the same time, he said, "I think they provide a good service
to the public." And as Schilling takes in the ads "with a grain of
salt," he hasn't given up on the possibility that someday one will show
him something he really can't live without.
Zoloft
The most-prescribed antidepressant in the United States is a product of Pfizer
Inc., a pioneer in the advertising of prescription drugs (and the maker of Viagra).
A long-running Zoloft ad has used little cartoon droplets called "dots"
within the company to explain depression. Some have accused Pfizer of
trivializing the disease with the widely recognized cartoon characters. But
Pfizer says the genderless, ageless "dots" help get beyond the stigma
and denial that surround depression: Viewers seeing them are less likely to
dismiss depression as a disease that only affects people of other ages, ethnicities
or gender. And Pfizer says the ad's simple rendition of depression's symptoms
and its explanation of depression as a chemical imbalance not a character
flaw have driven countless sufferers to be diagnosed and get help. In
the last three months of 2004 alone, say company officials, 2.7 million Americans
contacted their physician as a result of seeing the ads and almost half
were newly diagnosed with depression or anxiety disorder.
The "dots" ads have begun to change, incorporating new scenarios.
And Pfizer has added a highly straightforward "disease awareness"
ad to its arsenal. In it, Lorraine Bracco, who plays a psychiatrist on HBO's
"The Sopranos" and is herself a depression sufferer, describes the
symptoms of depression and urges people who think they may suffer from it to
talk to a doctor. It appears to be a direct response to a recent appeal from
the new president of the pharmaceutical industry trade group, PhRMA, for drug
makers to use their advertisements to educate consumers and not just to hawk
drugs.
Crestor
The cholesterol-lowering drug, a product of AstraZeneca USA, has had a rocky
ride into public consciousness. The company's launch advertisement featured
a rhyme inspired by Dr. Seuss and whimsical, rapid-action images to match. "When
Crestor performed in a head-to-head test, its lowering effect was clearly the
best," the voice-over said. The FDA was unimpressed with AstraZeneca's
poetry, and last March issued a stern warning letter, telling the firm it was
making false superiority claims.
Crestor also was attacked by the watchdog group Public Citizen, which petitioned
the FDA to ban the drug out of concern for safety (the agency declined).
A new Crestor ad gets serious. Actor Mandy Patinkin delivers a straightforward
account of Crestor's effectiveness in driving down high cholesterol. In equally
plain talk, he outlines Crestor's potential risks as well. AstraZeneca Chief
Executive David Brennan says the ad "balances between safety, education
and brand," selling a product but doing so in a way that aims to educate
viewers. "That's clearly the direction things are going," he adds.
Levitra
You know her that sexy forty-something pitchwoman, lounging on the couch
with her neck-nuzzling honey, who touts the "quality sexual experience"
that Levitra delivers. Unlike the makers of rivals Cialis and Viagra, the trio
of drug companies that make and market Levitra (GlaxoSmithKline, Bayer and Schering-Plough
Corp.) uses a female voice to appeal to erectile dysfunction sufferers
and their partners.
In recent months they've also put more clothes on her; Levitra's pitchwoman
used to wear "her man's" shirt, and seemingly nothing else. Unlike
many prescription drug ads, the Levitra commercial makes a bold play at market
share as well, urging those already diagnosed with erectile dysfunction to "switch"
to Levitra's "strong, long-lasting" experience. (Studies show that
pharmaceutical ads generally boost sales for a broad class of drugs but don't
get many consumers to switch from one to another).
Makers of erectile dysfunction drugs spent some $400 million in 2004 to advertise
them. U.S. sales totaled nearly $1.2 billion. But the ads' frank talk has prompted
legislation that would forbid their airing during daytime and family-hour programming.
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Copyright 2005 Los Angeles Times