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01.13.2009 9:00 pm

New rules for drug promotions contain big dollar loopholes

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The age of drug company trinkets officially ended this month. The age of drug company junkets still is going strong, though.
Voluntary marketing guidelines that went into effect with the new year ban drug companies from showering doctors with trinkets —  note pads, Post-It Notes, coffee mugs and other doo-dads emblazoned with drug brands and logos. About 40 pharmaceutical companies have signed on.
The new guidelines also ban some more expensive give-aways, such as free meals in pricey restaurants, to reward doctors for prescribing brand-name drugs,
The idea is to remove the NASCAR- like aura of sponsorship that permeates many doctors’ offices and, ultimately, to reverse the perception that drug promotions influence physicians’ prescribing habits. While free pens or Post-It Notes are no big deal, the cumulative value of the give-aways, which The New York Times reports total $1 billion, is substantial.

Gaping loopholes remain. The new rules still allow drug firms to pay big fees to physician “consultants,” some of whom do little more than lend their names and reputations to promotional material or make speeches promoting a particular product.
Companies still can pay to send doctors and their families to “educational conferences” at lavish resorts, where — after brief seminars — they are free to play golf or relax on the beach. And the firms apparently still can furnish expensive tickets to sporting events to favored physicians.
Physician groups acknowledge that such perks create at least the appearance of a conflict of interest. Just as legislators claim gifts and contributions from lobbyists don’t influence their votes, many doctors say the drug company gifts don’t influence their prescribing patterns.

The reality is that drug companies are not stupid. They track their promotional efforts with great care. They wouldn’t spend $1 billion a year on promotional gew-gaws, and billions more on physician marketing, if they didn’t earn a return on that investment.
The new voluntary guidelines are a modest improvement over the status quo. But history shows that voluntary disclosure requirements have not been effective in policing financial conflicts.
Last week, the prestigious New England Journal of Medicine revised its procedures for disclosing financial conflicts after it was revealed that a major study it published was funded by a company that benefitted from the results.
Last June, a congressional investigation disclosed that prominent child psychiatrists failed to disclose millions in payments from drug makers who benefited from their research.

The industry’s voluntary guidelines come as Congress is considering a mandatory disclosure law that would establish a national registry of drug company payments to physicians. Congress should move forward with that law, called the Physician Payments Sunshine Act.
Doctors are only human, prey to the same temptations as everyone else. It’s crucial that decisions about drugs and medical devices be based on the best available science, not the best available rewards.

5 comments

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Drug companies are chickenfeed compared to medical device manufacturers.

— A CENTRIST
10:18 pm January 13th, 2009

NBC reports that insurance companies are stealing billions from customers who assume they have adequate coverage…It’s a complete medical fraud money game. Our life expectancy is ranked 14th in the industrialized world, yet we have the most expensive healthcare on the planet….

Obama will bring an end to the corporate medical Wall-Street charade.

— Garrison
12:05 pm January 14th, 2009

Garrison,

Sure he will. Dry that out and you can fertilize the lawn. Drug companies will just contribute to the Dems in Congress and life will go on as it has. You must have really slurped up that Obama Koolade to think anything will “change”

— AJ
5:15 pm January 14th, 2009

This sucks. Now I am going to have to start buying sticky notes. Haven’t done that in years.

— Nick Kasoff
10:26 am January 15th, 2009

All drug advertising should be banned!!!!!!!!!! I heard a doctor say that the only drugs that have been ABSOLUTELY PROVEN to prolong life are blood pressure medication and they are the only ones not advertised. Is it true that most of doctors continuing education is provided by the drug companies?? No conflict of interest there.

— big John
9:12 pm January 17th, 2009