Prescription Drug Advertising

The FDA distorted scientific evidence to suggest that "most" physicians agreed that their patients asked more thoughtful questions as a result of viewing prescription drug advertisements -- a finding that supports the position of the pharmaceutical industry.

There is ongoing debate on the value of prescription drug advertising directed at consumers, including television advertising. Pharmaceutical companies, which spend $2.5 billion on such advertising, contend that the messages inform patients and improve health care.[1] On the other hand, some independent experts have found that the advertisements often confuse and mislead patients.[2] A recent FDA report distorted scientific evidence on this issue in a manner that supports the position of the pharmaceutical industry.

In an FDA Talk Paper, dated January 13, 2003, the agency claimed that the results of a survey of 500 physicians “confirm that DTC advertising, when done correctly, can serve positive public health functions.”[3] The Talk Paper then listed “highlights” of the study, including the finding that “most [physicians] agreed that, because their patients saw a DTC ad, he or she asked more thoughtful questions during the visit.” The result referred to a question in which physicians were asked to recall their last interaction with a patient about a direct-to-consumer advertisement. In fact, the actual findings were that 59% of physicians responded that the interaction had no beneficial effects and just 4% felt that the advertisement had informed or educated the patient.[4]

The Talk Paper also highlighted that “one effect of DTC ads was to help educate patients about their health problems, and to provide greater awareness of treatments.”[5] FDA’s summary did not mention, however, that 65% of physicians said DTC advertisements caused confusion about relative risks and benefits.[6]

While the Talk Paper did mention a few of the negative results in the study, each was quickly countered by an upbeat message. The result was that FDA turned a balanced study into an endorsement of direct-to-consumer advertisements.[7]

[1] Meredith B. Rosenthal et al., Promotion of Prescription Drugs to Consumers, New England Journal of Medicine, 498–505 (Feb. 14, 2003).

[2] Minority Staff, Government Reform Committee, U.S. House of Representatives, Expert Evaluation of Direct-to-Consumer Prescription Drug Advertisements (online at http://www.house.gov/reform/min/
inves_prescrip/prescrip_drug_ads.htm).

[3] FDA, FDA Talk Paper: FDA Releases Preliminary Results of Physician Survey on Direct-to-Consumers Rx Drug Advertisements (Jan. 13, 2003).

[4] Kathryn J. Aikin, Direct-to-Consumer Advertising of Prescription Drugs: Physician Survey Preliminary Results, slides 10–11, (Jan. 13, 2003).

[5] FDA, supra note 3.

[6] Kathryn J. Aikin, supra note 4, at slide 36.

[7] FDA, supra note 136.