Advertising
& Marketing
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Drug industry advertising and marketing activities are linked to higher prices, improper prescribing, off-label marketing and invasion of privacy. Although regulation of advertising and marketing has traditionally been the province of the federal government, states are tackling the issue in a variety of ways. NLARx is working with state legislators to rein in harmful marketing and advertising practices through initiatives to disclose industry spending on direct to consumer advertising, gifts to providers and other marketing campaigns; regulate drug detailers; promote independent “academic” detailing programs; establish conflict of interest rules; protect patient and doctor privacy by restricting the commercial use of prescription data; and beef up state authority to enforce federal misleading advertising and consumer fraud rules and enforcement. Recent state legislation inlcudes Vermont Bill S. 48. Researching this Issue Model laws and best practices, testimony supporting these initiatives, and background information and research materials including reports, legal briefs, and news articles on direct to consumer advertising, pharmaceutical marketing and detailers, data mining and confidentiality issues are posted here. Other relevant materials may be found on the issue page relating to Safety & Clinical Trials, which has materials and policies on academic detailing and posting of drug efficacy and safety data, on the Pharma Watch page which details the promotional and lobbying activities of the pharmaceutical industry, and on the Medicare & Medicaid page which include information on state False Claims Acts and lawsuits enforcing state and federal fraud laws. See also the Related Links below to connect to other organizations and materials relevant to this issue. Legal Challenges to State Laws Protecting Prescriber Data New Hampshire, Vermont and Maine have each passed laws to prohibit the sale of confidential prescriber data for marketing purposes. The laws have subsequently been challenged by datamining firms in the Courts. In November 2008, the First Circuit Court of Appeals upheld the constitutionality of New Hampshire's law. NLARx has pages with the relevent documents for the cases in each state: Related
Links
Advancing Medical Practice and Policy
Prescription Access Litigation Project
Prescription Drugs Model Legislation" page An independent resource for information to identify and counter inappropriate pharmaceutical promotion practices
Dept of Essential Drugs and Medicines Policy
Drug promotion information Menu of promotional services Comprehensive list of readings Health care and prescription drug index Info on drug safety and more
Patient Privacy Rights Foundation Protect and preserve your right to medical privacy through education and action |
Issue Quick Links
Model Legislation May 27, 2009 Bill Summary and Press Release on the Passage of Sweeping Vermont Gift Ban (S. 48) | >>moreMay 21, 2009 Bill to Ban Predatory Marketing to Minors Enacted in Maine | >>moreMay 21, 2009 Ohio Rep. Skindell Reintroduces HB 94,
the Ethical Marketing Disclosure Act | >>moreTestimony Jun 24, 2010 Comments on FDA Regs for TV Drug Ads | >>moreNov 12, 2009 Transcripts of FDA's November 2009 Public Hearing on Social Media Available | >>moreOct 27, 2009 Testimony on the Advisability of Requiring Disclosure of Free Samples of Prescribed Products given to Vermont Health Care Providers | >>moreLegal Briefs and Opinions Sep 15, 2009 IMS v. Vermont Update | >>moreJun 23, 2008 Consumer Groups Defend Vermont Prescription Data Privacy Law
| >>moreNov 19, 2007 First Circuit Decision Signals Hurdles for Whistleblowers in Off-Label Promotion Cases | >>morehere Related News Jul 23, 2010 Vermont Press Bureau Massachusetts set to repeal Pharma law; will Vermont follow? | >>moreReports Jun 24, 2010 Ghostwriting in Medical Literature | >>moreDec 03, 2009 Tighter Controls Recommended to Prevent Conflicts of Interest Between Doctors and Pharmaceutical Companies | >>moreDec 02, 2009 Promotional Spending for Prescription Drugs | >>more |
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