Prescription Drugs Advertising Directly to Consumers

DEBATE TIME!

Con's

The Pro outweigh the con's...

There have periodically been calls for the FDA to ban DTCPA. However, free speech arguments regarding the right of a manufacturer to market its products, for the most part, prevent this. In a series of cases dating back to the 1970s, the courts had ruled that product advertisements were a form of “commercial speech.”

Banning or restricting commercial advertising therefore violates the First Amendment protections of freedom of speech. By 1980, the Court had developed a set of criteria, the Central Hudson test, which is still used today for determining whether a ban on commercial speech is permissible.

Legal scholars therefore believe that the courts would overturn a complete ban on DTCPA on the basis that it is unconstitutional

Continued...

58 Prescriptions with TV Ads

Toviaz

Trilipix

Uloric

Vaniqua

Xarelto

Xeljanz

Xiaflex

Yaz

Nuedexta

Omnaris

Onglyza

Oracea

Orencia

Pradaxa

Pristiq

Prolia

Provenge

Raptiva

Reclast

Requip

Restasis

Rozerem

Simponi

Singulair

Spiriva

Stelara

Symbicort

Imitrex

Intuniv

Januvia

Latisse

Latuda

Lovaza

Lyrica

Mirapex

Mirena

Imitrex

Intuniv

Januvia

Latisse

Latuda

Lovaza

Lyrica

Nasonex

Neulasta

Niaspan

Did you know?

Abilify

Alavert

Amitiza

AndroGel

Aricept

Astepro

Axiron

Beyaz

Caduet

Chantix

Cymbalta

Dulera

Effexor

Enablex

Epiduo

Evista

Exelon

Flowmax

Gardasil

As of May, 2011, the average number of prescriptions for new drugs with Direct-to-Consumer (DTC) advertising is nine times greater than prescriptions for new drugs without DTC ads.

PROS

• Diseases and medical conditions are more likely to be treated when consumers see DTC prescription drug ads.
• DTC prescription drug ads help remove the stigma associated with certain diseases and medical conditions

• DTC prescription drug ads should be allowed as protected free speech.
• DTC prescription drug ads create revenue for pharmaceutical companies, which can be used for research & development (R&D) to create new life-changing drugs.

The Purpose

PROS

• Direct-to-consumer (DTC) prescription drug ads encourage people to seek medical advice from health professionals.
• DTC prescription drug ads inform patients about diseases/medical conditions and possible treatments
• DTC prescription drug ads encourage patient compliance with treatment instructions.

Prescription Advertising Directly to Consumers is a GOOD thing.

For ads to:

• Inform patients about diseases and possible treatments
• Encourage people to seek medical advice
• Help remove stigma associated with medical conditions
• Provide needed sales revenue to fund costly research and development (R&D) of new drugs.

Examples

Have you ever seen any of these?

Another category is the “reminder ad,” which includes the product name; this type may provide information about strength, dosage form, or price, but it doesn’t mention the indication or make any claims.

DTCPA can be defined as....

An effort (usually via popular media) made by a pharmaceutical company to promote its prescription products directly to patients. The U.S. and New Zealand are the only countries that allow DTCPA that include product claims.

There are currently several types of DTC drug advertisements.

One type is the “help-seeking ad,” which provides only information about a medical condition and encourages patients to contact their physician but does not mention a product.

What is Direct to Consumer Prescription Drug Advertising?

Most of the budget for DTCPA is now spent on television commercials. The average American watches as many as 9 drug ads a day, totaling 16 hours per year, which far exceeds the amount of time the average individual spends with a primary care physician.

In recent years, drug marketers have also increased their expenditures for marketing efforts on the Internet, due to the fact that searching for health-related information has become the third most common activity for online users.

The third and most common type is the “product claim ad,” which mentions the product and its indication and includes efficacy or safety claims. Each category of ads is subject to different FDA regulatory restrictions.

Prescription Drugs: Advertising Directly to Consumers

Brianna Brents, Caroline Pitts, Alexis Cox