The drug companies seized the opportunity created by
the “1997 Draft Guidance” and increased their
spending on DTCA.
In 1996, before the reinterpretation, DTCA
spending industry wide totaled $595 million.
By 2000 it had risen to $2.24 billion.
Companies like Merck invested huge amounts of money
towards advertising for new drugs such as Vioxx.
Seventy percent of the promotional dollars spent on
advertising by the drug companies was put towards
television ads in 2001, and the amount of DTCA
campaigns increased from 2 in 1981, to 105 in 2001.[2]
| Year |
DTCA Spending[3] |
| 1989 |
$12 million |
| 1990 |
$48million |
| 1991 |
$58 million |
| 1992 |
$156 million |
| 1993 |
$166 million |
| 1994 |
$242 million |
| 1995 |
$313 million |
| 1996 |
$595 million |
| 1997 |
$844 million |
| 1998 |
$1.17 billion |
| 1999 |
$1.58 billion |
| 2000 |
$2.24 billion |
| 2001 |
$2.38 billion |
The
1997 “Draft Guidance” has made DTCA of
prescription drugs through television possible.
But it remains to be seen whether or not this
new source of information is resulting in a benefit
for consumers. Many
believe that DTCA does not in fact result in an
informational benefit, but rather poses a potential
problem in the interactions between physicians and
patients.
A
study conducted by Barbara Mintzes in 2003 examined
the effects that DTCA has on prescribing decisions by
physicians. The
study consisted of a statistical comparison between a
market where DTCA was legal, the
United States,
and where it was not,
Canada . It found
that in the
United States
twice as many patients requested advertised drugs than
in
Canada. Of
these, 78% were filled by physicians.
The physicians were then asked if they would have
prescribed the same drug for a similar but different
patient .
Mintzes
and her colleagues conclude that: "more
advertising leads to more requests for advertised
medicines, and more prescriptions.
If DTCA opens a conversation between patients
and physicians, that conversation is highly likely to
end with a prescription, often despite physician
ambivalence about treatment choice.”
An additional study conducted by the Journal
of Family Practice examined the views of family
physicians with regards to DTCA.
The study found that 84% of physicians surveyed
felt negatively about DTCA through television.
Many of them cited “misleading biased views”
within the ads as the reason for their negative
feelings.
Seventy percent felt that DTCA was both not
beneficial and that it had “pressured them to
prescribe a pharmaceutical agent that they otherwise
might not have chosen”.
A
1999 article in American Journal of Law and
Medicine, by Tamar V. Terzian claims that DTCA
forces many physicians to appease confrontational
patients with these ambivalent prescriptions.
Physicians claim that, "pushy patients, prodded
by DTC advertisements, pressed, wheedled, begged, and
berated them for quick treatments. This scenario
comes at a time when physicians cannot afford to lose
patients, because their income is already constrained
by managed care cost cutting."[8]
In an increasingly competitive and financially
burdened health market, DTCA may be resulting in
pressure that is harming the patient-physician
relationship.
The
proponents of DTCA have argued that consumers benefit
from additional informational content and that the
current DTC ads stimulate conversations between
patients and physicians.
Mintzes agrees that DTCA helps stimulate
conversations—in the form of prescription requests.
But if the study’s findings are accepted,
then it is hard to believe that a conversation that
ends in a potentially unnecessary prescription is
consistent with a benefit.
After all, some of the 55,000 that have died
due to the use of Vioxx may have started a
conversation with their doctors and requested the drug
because of DTCA. In
addition their doctors may have filled those requests
despite being ambivalent.
The Mintzes study provides evidence that DTCA
is affecting the prescription process in questionable
ways, and the Vioxx case reminds us all just how
important this process is.
The American Medical Association (AMA), the national professional organization for
physicians, calls into question the benefit of DTCA
in its online newspaper
American Medical News.
An article written in 2001 cites a “new tension”
to the physician-patient relationship created by
DTCA.
It states that DTCA often motivates patients
to ask about drugs that they have seen advertised,
and that sometimes “their questions provoke
unpleasant confrontations.”
An additional article notes that physicians
believe DTCA “chips away the time they have with
patients by spurring unnecessary discussions.”
The AMA governing body itself has stated,
“‘Currently, we do not know how DTC[A] affects
the patient-physician relationship […] Many
broadcast ads are misleading, using imagery to
suggest effectiveness far beyond what clinical
evidence supports.’”

The FDA did its own study on
DTCA in 2003 titled: “The Impact of
Direct-to-Consumer Prescription Drug Advertising
on the Physician-Patient Relationship.”
The study was in agreement with current
research that DTC ads present benefits more
clearly than risks, and that patients were likely
to get a name brand prescription filled if they
requested it.
It also claimed, however, that 40% of
physicians believed that DTC ads had positively
affected their practice.
The AMA and many physicians have stated
that this data is not in line with physicians’
personal experiences because the sample of
physicians used in the study contains too many
specialists, whose specialization results in
fewer abstract questions involving DTC ads from
patients.
Dr. Richard Kravitz, an expert in the
industry on DTCA, believes that the study should
motivate the FDA to “resume its more aggressive
stance toward review of the ads, and it should do
what it can to encourage the pharmaceutical
industry to do more education and less selling.”
Despite this evidence, the
effect that DTCA has on the prescription process
is still debated.
It does appear though that a majority of
physicians feel skeptical about the overall
benefit of DTCA.
The drug companies and proponents of DTCA,
once again claim that the benefit and intent of
DTC ads is an increase in awareness and
information for consumers.
But
consumer groups are not in agreement with this
assessment. Public Citizen is a national,
nonprofit consumer advocacy organization aimed at
protecting consumer interests.
The group summed up the problem with DTCA
well:
"Advertising
by its very nature is all-too-often misleading.
Its sole purpose is to sell by generating
brand-name awareness […] by accentuating
benefits and downplaying potential risks […]
Consumers face enormous barriers to obtaining
objective, comparative information about
prescription drugs."
The
group also expressed concern about the effect that
DTCA could potentially have on physicians, arguing
that advertising can cause a biased influence on
some physicians.
In 1996, Consumer
Reports, the nonprofit watchdog magazine for
consumers, stated that rules governing DTCA should
not be relaxed, citing that the purpose of
advertisements is to sell products—not inform
consumers.
In 1997 the FDA loosened the restraints on DTCA
for the purpose of increasing the information
available to consumers. Proponents are correct in
arguing that more consumers are now aware of more
drugs. But
their knowledge of these drugs comes at a price: a
lack of information.
Consumers are told of a new drug’s
potential through clever antidotes and expensive
graphics, while the minimum required set of side
effects is listed in boring, often medically
complicated terms.
Public Citizen notes that these ads do not portray
objective information that can be used by the
consumer to inform their medical decisions.[19]
The whole list of side effects and proper
usage is available in medical terms on the
Internet or via phone.
But if the FDA truly believes that the
average consumer is quick to access this
information, then it is seriously and
irresponsibly overestimating the enthusiasm of the
average person. The ads cause consumers to
focus on the potential benefits of a drug.
As a result they confront their physician with a
biased view of the requested
medication.
The fact is that DTCA complicates the critical
patient-physician relationship and may create
situations where physicians are pressured into to
prescribing a medication that they may otherwise
not have. It is safe to say, that if Merck
had not spent millions of dollars on advertising Vioxx, fewer people would have asked
their
doctor for a prescription, and fewer doctors would
have prescribed the medication. Next