Earlier this year, researchers published an article revealing that drug commercials often violate federal guidelines and display substandard information. New drugs in TV commercials are also almost never accompanied with price information, which prompted the Trump administration to push for policy changes requiring drug manufacturers to discloses list prices of medications in their commercials.
Let’s take a look at what drug advertising is like in the US, and what you should know the next time you see another drug commercial on TV.
1) The US is only one of two countries in the world where direct-to-consumer advertising of prescription drugs is legal.
Directly advertising drugs to consumers is uncommon globally. The United States and New Zealand are the only two countries in the world where direct-to-consumer (DTC) advertising of prescription drugs is legal. DTC drug advertising is where pharmaceutical companies present drug information to the general public through lay media.
2) Drug makers spend more and more on consumer TV ads each year.
Pharmaceutical commercials have been running on TV since the late 80s, and every subsequent year, drug makers increase their ad spending, more than doubling it in the last five years alone. In 2017, DTC ads exceeded $6 billion in spending.
3) The FDA has rules for what TV drug ads MUST tell consumers.
The FDA requires ads to not be false or misleading, present a “fair balance” of risk and benefit information, include facts that are “material” to the product’s advertised uses, and include a “brief summary” of every risk described in the product’s labeling.
According to the FDA’s website, that means that drug ads are required to tell consumers three things:
4) Drug makers can choose whether or not to disclose other information in TV ads—including cost.
For example, an ad doesn’t have to tell you how many people the drug has helped, even if it’s only worked for very few people. And it doesn’t need to tell you about other treatment options, like if there is a similar, safer drug with fewer side effects. It doesn’t even need to disclose whether simple lifestyle changes like improving your diet or exercising could offer the same benefits as the drug being advertised.
Moreover, drug ads don’t need to tell you about the cost of a drug, whether insurance tends to cover it, or if there’s a cheaper generic version or older alternative medication that works just as well.
5) The FDA does not review all ads for drugs before they are released.
Many manufacturers voluntarily submit ads for FDA pre-clearance to avoid the messy costs of withdrawing their ads later. But generally, the FDA does not review ads before they are seen by the public and only regulates ads after they’ve been distributed—meaning false drug information could reach you before it reaches the FDA.
6) Advertised drugs are not necessarily safe.
In most cases, the FDA does not ban companies from advertising any prescription drugs, even ones that have serious risks. (However, some states do bar controlled substances from being advertised.)
On top of that, it’s possible for drugs to be promoted before they’ve been fully tested to be safe. We saw this happen with Vioxx, a blockbuster painkiller marketed from 1994 to 2004. Merck spent over $100 million per year to advertise Vioxx, and patients requested it from doctors not knowing it could cause strokes or heart attacks. Finally, in September 2004, after numerous safety issues came to light, Vioxx was withdrawn from the market.
7) Drug ads tend to omit important risk information and overemphasize benefits.
Studies show that when we think a drug looks effective, we disregard other information like risks—which advertisers count on. Here are some of the most common ways advertisers make drugs seem more helpful than they really are:
- Showing a person enjoying life outdoors while the narrator reads side effects in the background
- Listing the most serious side effects of a drug toward the end of the commercial to make you think they’re less common than they are
- Using subjective terms like “mild” or “may” to describe a risk to make the risk seem less dangerous than it is
Also, know that not all risk information is necessarily presented in commercials. In the 90s, the FDA began allowing drug companies to omit risk information in certain ads as long as the viewer was told where to find complete information (like on a website or at a doctor’s office).
8) You can submit complaints to the FDA.
In the US, the Office of Prescription Drug Promotion (OPDP), a body within the FDA, reviews drug advertisements. If you see any commercial that you think is false, misleading or biased, you can report the ad to the OPDP by calling 1-301-796-1200.
As you can see, it’s important to take the information you get from drug commercials with a grain of salt, and to be aware of the fact that crucial information like risks, other options and costs are not always clear. If you have any questions about new medications, consult your doctor or another healthcare provider to learn more.
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