Magazine Publishers of America
Key members of the House Energy and Commerce Committee are turning their attention once again to Direct-to-Consumer (DTC) pharmaceutical advertising. On May 8, the Committee’s Subcommittee on Oversight and Investigations held a hearing to examine broadcast ads for a number of high-profile drugs and hear testimony on how consumers perceive DTC advertisements. Representatives from pharmaceutical companies also testified to defend their companies’ marketing practices.
Subsequent to the hearing, Committee Chairman John Dingell (D-MI) and Subcommittee Chairman Bart Stupack (D-MI) contacted the CEOs of four pharmaceutical companies and the head of the Pharmaceutical trade association, PhRMA , requesting they “voluntarily” agree to advertising moratoriums and other requirements, which the Committee and the Full Congress rejected last year.
The replies were varied, but the companies agreed to two of six specific requests: to follow American Medical Association guidelines regarding use of doctors and actors portraying doctors, and not to advertise off-label uses in DTC ads. The companies opposed a two year moratorium for new drugs, and informed the Committee that internal practices include a six-month waiting period before a new drug is advertised, which they will continue to maintain. A hearing is expected soon to discuss the responses to the letters in greater detail.
At the same time, Representatives Rosa DeLauro (D-CT) and Jo Ann Emerson (R-MO) have introduced legislation (H.R. 6151) that would impose a three year moratorium on advertisements for new pharmaceuticals and medical devices. Their legislation would also require that a toll free number to report side effects be featured in broadcast advertisements. That requirement is already in effect for print advertisements.
MPA continues to oppose a mandated, extended moratorium on DTC advertising for new drugs and participates in The Advertising Coalition, a group of advertising and media associations that support the educational value of DTC advertising. While we expect several hearings on the issue in this Congress, it is unlikely that new DTC legislation will be enacted this year, so soon after the Food and Drug Administration Amendments Act of 2007 passed.
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