Pharmaceutical industry advertising

In the Netherlands, associations of the pharmaceutical industry play a role in selfregulation, particularly in relation to drug promotion and advertising. Consumer organizations have a formal presence on the Social Health Insurance Council. 

Except in the United States of America and New Zealand, where direct to consumer (DTC) advertising of prescription medicines is allowed, companies are not allowed to communicate directly with patients. The Association of the Pharmaceutical Industry (ABPl) Code of Practice has been relaxed a little in this area in recent years and companies can now communicate in a very limited fashion with the general public. Clause 20.2 of the Code allows the provision of non-promotional information either in response to a direct enquiry from an individual or via press conferences, press announcements, lectures and media reports, public relations activities and the like. 

The EU has approved Council Directive No. 92/28/EEClO (of 31 March 1992, now consolidated as Articles 86 to 100 of Directive 2001/83/EC) on the advertising of medicinal products for human use, thus bringing Member States into line with common requirements and standards. The UK regulations have been amended to comply with the Directive. The Directive, Part IV of the UK Medicines Act 1968 as amended by the Advertising Regulations, and the ABPl Code of Practice for the Pharmaceutical Industry are broadly in line with one another. The commentary below on promotion relates primarily to the United Kingdom. While there have been some moves towards the international harmonisation of controls on promotion, these have had only a limited effect, despite the fact that in Europe, Member States all comply with Directive 92/28. 

The ABPI is the trade association that represents the manufacturers of prescription medicines. Formed in 1930, it now represents some 80 companies, which produce over 80% of the medicines supplied to the National Health Service (NHS). The ABPI has had a code of practice since 1958, the Code of Practice for the Pharmaceutical Industry, which governs the promotion of medicines to health professionals, and has operated a system whereby complaints made about the advertising of prescription medicines are taken up and considered under the Code. It is a condition of membership of the ABPI to abide by the Code of Practice. In addition, some 70 companies that are not members of the ABPI have given their formal agreement to abide by the Code and to accept the jurisdiction of the PMCPA over complaints made under the Code. Thus, the Code... 

These provisions relate directly to the legal requirements under the Medicines (Advertising) Regulations 1994 discussed above (see Section 12.2.1.1). Standards for the conduct and training of company representatives are defined under the Code, together with those for acceptable gifts and the provision of hospitality by the pharmaceutical industry at meetings and other occasions. (These requirements are discussed in further detail in Sections 12.3.1.5 and 12.3.1.6.)... 

In addition, the Authority runs seminars on the Code which are open to all companies and personnel from advertising agencies, public relations agencies and the like which act for the pharmaceutical industry. Details of these seminars can be obtained from the Authority. 

The Code of Practice for the Pharmaceutical Industry is administered by the Prescription Medicines Code of Practice Authority. The Authority is responsible for the provision of advice, guidance and training on the Code of Practice as well as for the complaints procedure. It is also responsible for arranging for conciliation between companies when requested to do so and for scrutinising journal advertising on a regular basis. Complaints made under the Code about promotional material or the promotional activities of companies are considered by the Code of Practice Panel and, where required, by the Code of Practice Appeal Board. Reports on cases are published quarterly by the Authority and are available on request. 

As a result of a number of enquiries to the Medical Affairs Department of the Association of the British Pharmaceutical Industry (ABPI) and the recognition that the media was being increasingly used to advertise for subjects for clinical trials, the ABPI Medical Committee set up a Task Group to develop these guidelines. 

Scott Morton, F. M. 2000. Barriers to Entry Brand Advertising, and Generic Entry in the U.S. Pharmaceutical Industry. International Journal of Industrial Organization 18(7) 1085-1104. 

Legislation introduced in 2008 proposes to use this new standard. The Comparative Effectiveness Research Act of 2008 would create an institute to review and publicize evidence on how to best treat diseases, disorders, and other health conditions. In evaluating the effectiveness of drugs and medical procedures, the institute would provide unbiased information to health care practitioners. Information on the most effective treatment rather than the most heavily advertised and expensive treatment would ideally reduce costs. The pharmaceutical industry also favors the legislation. A version of this legislation passed as part of the American Recovery and Reinvestment Act of 2009. The act provided funds to several agencies and created a Federal Coordinating Council for Comparative Effectiveness Research to advance comparative effectiveness research. 

Marcia Angell, physician, former editor in chief of the New England Journal of Medicine, and senior lecturer in the department of social medicine at Harvard Medical School. She has been a vocal critic of the pharmaceutical industry, arguing that the companies focus on profits at the expense of health, manipulate scientific research, and deceive the public with their advertising. She has also criticized physicians and researchers for their close ties to the drug industry and potential lack of independence in their research. 

The pharmaceutical industry employs similar language in its promotional material. An early advertisement for Prozac suggests that Like arthritis or diabetes, depression is a physical illness (Valenstein 1988, reproduced on p. 181). A leaflet produced in 1996 by a consortium called America s Pharmaceutical Research Companies neatly summarises the idea of the chemical imbalance and its relation to a disease-centred model of drug action ... 

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