Direct-to-consumer advertising debated in the United States and European Union
As Canada assesses the legality of direct-to-consumer drug advertising in the courts (CMAJ 2007;176:19-20), the United States Congress is about to consider limits, and activists in the European Union are poised to oppose an anticipated move toward allowing consumer drug advertising.
Five international associations have joined forces to oppose an anticipated move by the European Commission that would give pharmaceutical companies more freedom to communicate directly with the public.
In its declaration, Relevant Health Information for Empowered Citizens, the alliance claims that pharmaceutical companies have an inherent conflict of interest that renders them unable to provide the information patients need in an unbiased manner. The alliance brings together Health Action International (HAI), the International Society of Drug Bulletins, the European Consumers' Organization, the Medicines in Europe Forum and the Association Internationale de la Mutualité.
Although proposals to relax the rules preventing direct-to-consumer advertising (DTCA) were overwhelmingly rejected by the European Parliament in 2004, HAI's European Campaigns Coordinator Teresa Alves says alliance members are convinced that the European Commission is preparing the way for new legislation to allow advertising disguised as direct-to-consumer information.
HAI points to the formation of the European Commission's Pharmaceutical Forum as evidence of political maneuvers at the highest level to develop the proposals. The Forum, which was established in 2005, is chaired by European Commission Vice-President Günter Verheugen and is dominated by industry representatives. One of the forum's key tasks is to draft recommendations to improve patient access to drug information. In his speech to the Forum in September 2006, Verheugen, who is also responsible for enterprise and industry within the Commission, said he regretted that the Commission's last attempt to reform the rules that prevent industry from communicating with the public had failed in 2004.
The debate about giving companies the power to communicate with the public is likely to focus on the distinction between advertising and information. The European Federation of Pharmaceutical Industries & Associations rejects the view that companies are unable to provide unbiased information because they have a conflict of interest. “It is simply wrong to assume that all information coming from companies is promotional by nature,” it stated, highlighting data on managing side effects and information on mode of action as examples.
The Federation's Communications Manager Christophe de Callatay says they are also arguing for a legal framework that would allow companies across Europe to conduct “disease awareness campaigns” and other educational activities, and is pursuing that agenda within the Pharmaceutical Forum.
The European Commission's Pharmaceutical Forum is slated to present its final recommendations on patient access to information in June. — Colin Meek, Wester Ross, Scotland