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Healthy Skepticism Library item: 20157

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

 

Publication type: Magazine

Medsafe to report on advert self regulation
Pharmacology Today 2000 Apr8


Full text:

Can the pharmaceutical industry be trusted to voluntarily toe the line on consumer advertisements for prescription OTC medicines? Medsafe has been analysing medicine advertising over the past six months and was due to reports its findings to Minister of Health Annette King at the end of March.

New Zealand is the only western country to follow the lead of the United States in allowing direct-to-consumer prescription medicine advertising. And not everyone is happy about it.

Pharmac, Consumers Institute and the NZ Medical Association are keen to see more controls, while former Health and Disabilities commissioner Robyn Stent argued that consumers had a right to information about prescription drugs and DTC advertising provided this.

Medsafe produced guidelines to help companies take a commonsense approach to the current anachronistic advertising regulations, but the Association of New Zealand Advertisers (ANZA) went further, and set up its own voluntary self-vetting agency, the Therapeutic Advertising Advisory Service (TAAS), which is run by Nigel Andrews, formerly managing director of Novartis. Companies concerned about their advertising, or who simply want peace of mind, can submit their ads to Nigel Andrews, who considers whether they meet all relevant legislation and industry codes of practice.

Medsafe’s report will reflect the success of this work.

Non Prescription Medicines
The Non Prescription Medicines Association (NMA) is concerned that any backlash against prescription medicines could also mean tighter rules for Pharmacist and Pharmacy Only Medicines – the Medicine Act and Regulations applies the same advertising rules to all medicines.

For an update, straight from the horse’s mouth, the NMA invited Medsafe team leader compliance, Peter Pratt, to address the recent NMA annual meeting in Auckland.

Peter Pratt reassured NMA members that Medsafe has been undertaking only an informal assessment. A formal review, with submissions, would have to be initiated by Annette King.

Medsafe asked companies to submit copies of all relevant print, radio and television advertising. Medicine advertising on New Zealand internet sites also comes under Medsafe’s jurisdiction.

But it’s no witch-hunt.

“Self regulation is in its early days and this assessment is simply to provide a snapshot overview of how it’s working”, commented Peter Pratt.

Although Medsafe reserved the right to prosecute companies with non compliant advertisements, at this stage there was no intention to take any action if companies co-operated with Medsafe.

Peter Pratt observed that with many pharmaceutical companies and their regulatory staff now offshore, the marketing staff remaining in New Zealand may not have the experience to handle advertising compliance on their own.

Complementary Medicines
Medsafe has also been taking a close look at the advertising of complementary medicines, especially by the larger companies.

More than 3000 complementary medicines have come to Medsafe’s attention in the past six months – twice the usual number. As a result a number of brochures were being rewritten, said Peter Pratt.

NMA executive director Tony Millet reminded members that the NMA’s own ethics subcommittee could review and monitor member company advertising and offer critical comment where necessary.

“If we are to criticise the fringe medicine activity we have to be squeaky clean ourselves”.

 

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Cases of wilful misrepresentation are a rarity in medical advertising. For every advertisement in which nonexistent doctors are called on to testify or deliberately irrelevant references are bunched up in [fine print], you will find a hundred or more whose greatest offenses are unquestioning enthusiasm and the skill to communicate it.

The best defence the physician can muster against this kind of advertising is a healthy skepticism and a willingness, not always apparent in the past, to do his homework. He must cultivate a flair for spotting the logical loophole, the invalid clinical trial, the unreliable or meaningless testimonial, the unneeded improvement and the unlikely claim. Above all, he must develop greater resistance to the lure of the fashionable and the new.
- Pierre R. Garai (advertising executive) 1963