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:


Model Legislation
May 27, 2009
Bill Summary and Press Release on the Passage of Sweeping Vermont Gift Ban (S. 48) | >>more
May 21, 2009
Bill to Ban Predatory Marketing to Minors Enacted in Maine | >>more
May 21, 2009
Ohio Rep. Skindell Reintroduces HB 94, the Ethical Marketing Disclosure Act | >>more
>> view all Model Legislation
 
Testimony
Apr 29, 2009
Pharmaceutical Marketing and its Influence on Prescribing  | >>more
Mar 09, 2009
NLARx Testimony in Support of HB 2376 Before the Oregon Healthcare Commitee | >>more
Feb 18, 2009
Testimony before the Vermont Senate Committee on Health and Welfare | >>more
>> view all Testimony
 
Legal Briefs and Opinions
Jun 23, 2008
Consumer Groups Defend Vermont Prescription Data Privacy Law  | >>more
Nov 19, 2007
First Circuit Decision Signals Hurdles for Whistleblowers in Off-Label Promotion Cases | >>more
Nov 02, 2007
NLARx files Amicus Brief in Support of Maine Data Mining Law in IMS v. Rowe | >>more
>> view all Legal Briefs & Opinions
here
Related News
Jul 01, 2009
Boston Globe
Better Ethics, Cheaper Drugs | >>more
Jul 01, 2009
Supreme Court Declines to Hear Challenge to New Hampshire Prescription Privacy Act | >>more
Jul 01, 2009
United States Court of Appeals for the First Circuit Refuses to Stay Implementation of Vermont Prescription Law | >>more
>> view all News
 
Reports
Jun 09, 2009
Key Findings of Study on Medical Industry Funding of Pentagon Travel | >>more
Apr 10, 2009
BNA Report on State Regulation of De-Identified Health Information | >>more
Feb 18, 2009
Rx Action in the States, 2009 | >>more
>> view all Reports
 
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