Elisabeth Rosenthal writes for KFF Health News about why you should not trust drug ads on TV. Ignore the celebrity endorsements by Lady Gaga and others; they won’t tell you about a better less expensive drug. If our government were not in the pocket of the pharmaceutical corporations, it would ban all direct to consumer drug advertising as every country other than the US and New Zealand do.
Pharmaceutical companies spend huge amounts of money to sway you to buy their drugs because their ads work really well, even when the ads promote drugs that are of little value. Indeed, pharmaceutical companies now spend more than $1 billion a month on these ads. They are among the biggest spenders of TV ads.
The Clinton Administration is responsible for allowing these ads, which had been banned. The FDA thought it could somehow keep the drug companies from misleading people by saying ads could not be misleading and had to list side effects. Really?
Rosenthal reports on University of Colorado professor Michael DiStefano’s recent study of best-selling drugs, which found that the pharmaceutical companies spent more on ads targeted to individuals, featuring drugs with fewer benefits, than on ads for doctors. DiStefano is concerned: “I worry that direct-to-consumer advertising can be used to drive demand for marginally effective drugs or for drugs with more affordable or more cost-effective alternatives.”
Thankfully, five of the ten drugs that will have Medicare negotiated prices beginning in 2026, are drugs that the pharmaceutical corporations spent the most advertising to patients.
The government’s legal challenges to PhRMA’s misleading ads, even by the former Trump Administration, are not easy to win. PhRMA claimed that a requirement to disclose a drug’s list price in an ad violated first amendment rights and prevailed.
New FDA requirements sound great, but they are so vague and subjective as to be meaningless; moreover, the FDA cannot enforce them effectively. As of November 2023, PhRMA consumer ads must provide a “non-misleading net impression about the advertised drug.” Drug ads should be “clear, conspicuous, and neutral.” “Audio or visual elements that might interfere with the consumer’s understanding” is not permitted and and anything in writing must be “easy to read.”
The FDA does not require the pharmaceutical corporations to submit ads for approval before releasing them. The drug companies are expected to self-police. And, the FDA does not have the money or the power to hold pharmaceutical companies to account when they misled. Each year over the last five years, the FDA sent out an average of six “warning letters.” And, it’s not at all clear that the companies receiving those letters did anything about their misleading ads.
The FDA now has a Bad Ad Program for physicians, The program trains them on misleading ads and gives them a hotline to call to report misleading ads: 855-RX-BADAD. Given the FDA’s limited resources and power, it’s hard to imagine that will do any good. The FTC apparently does not have the power to protect consumers from false and misleading drug ads.
For the public health, Congress should ban these ads altogether.
Here’s more from Just Care: