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.

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.


Model Legislation
Mar 12, 2008
NLARx/Prescription Project Model Drug and Device Gift Ban and Disclosure Act | >>more
Feb 22, 2008
California Assembly Bill 2842 | >>more
Feb 08, 2008
Datamining Bill Strengthened in Committee | >>more
>> view all Model Legislation
 
Testimony
Apr 21, 2008
Pharmaceutical Marketing and Strategies to Reduce its Influence on Prescribing | >>more
Mar 12, 2008
Testimony Before the Senate Special Committee on Aging | >>more
Feb 13, 2008
New Hampshire Holds Hearings on Academic Detailing and Disclosure Bills | >>more
>> view all Testimony
 
Legal Briefs and Opinions
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
Sep 24, 2007
IMS v. Vermont Update | >>more
>> view all Legal Briefs & Opinions
here
Related News
May 05, 2008
Pharmalot
To Counter Sales Reps, Insurers Push Step Therapy | >>more
May 05, 2008
PostScript Blog
Vytorin ads above the fold, but not the data | >>more
May 02, 2008
PostScript Blog
Feds Put AMA on the Hot Seat | >>more
>> view all News
 
Reports
Jun 18, 2008
Report of the AAMC Task Force on Industry Funding of Medical Education to the AAMC Executive Council | >>more
May 09, 2008
State Medicaid Data: Use and Disclosure Issues | >>more
May 09, 2008
Private Enough? Medical Information as Marketing Tool | >>more
>> view all Reports
 
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