Posted: 7/21/06
Pawlenty proposes moratorium on drug advertising
by T.W. Budig
ECM capitol reporter
A man throwing a football through a tire or fluttering butterflies in a drug-induced sleep are powerful drug advertising images that could be harming some consumers and driving up health care costs, Gov. Tim Pawlenty argued on Thursday (July 20).
Pawlenty proposes the federal government enact a two-year moratorium on direct-to-consumer prescription drug advertising and further wants the Minnesota Legislature to adopt Federal Food and Drug Administration (FDA) standards as to regulate prescription drug advertising in the state.
ìHealth costs are skyrocketing,î said Pawlenty.
ìSome of these costs are related to prescription drugs,î he said.
In a letter to congressional leaders, Pawlenty ó noting the United States alone among industrialized counties allows such drug advertising ó said last year drug companies spent $4.2 billion on advertising.
Pawlenty recommended during the two-year moratorium Congress consider proposals from the American College of Physicians ó that the FDA be granted authority to review and approve ad content, that ads include information on alternative treatment, other.
While suggesting that drug company campaign contribution dollars may have ìchokedî part of the Congress, Pawlenty argued drug advertising is such a powerful ìdarn rightî issue for the public that Washington will be forced to act.
On the state level, Pawlenty proposes lawmakers require drug companies to report their Minnesota advertising expenditures.
By adopting the FDA rules, state officials ó at minimum cost, Pawlenty argued ó could also scrutinize drug ads for accuracy.
As for First Amendment concerns, Pawlenty argued the courts distinguish between political and commercial speech.
Dr. David Luehr, president of the Minnesota Medical Association, backed the governorís proposal.
As a physician, he strives for clear communication with his patients, explained Luehr.
Unfortunately, prescription drug marketing makes this more difficult, he said.
A representative from the Minnesota Senior Federation also endorsed Pawlentyís drug advertisement proposal.
Drug companies are not keen on the idea.
ìA ban on the advertising of prescription medicines would hurt patientsí ability to learn about new medicines in a timely fashion and does not advance quality health care,î said Pharmaceutical Research and Manufacturers of America Senior Vice President Ken Johnson in a statement.
ìThe goal of DTC (direct-to-consumer) advertising is to provide doctors and patients with accurate, educational information about diseases and their treatment options,î said Johnson.
Studies have shown the ads have served to spark important patient-to-doctor dialogue, he explained.
ìThis is an empty gesture,î said Sen. Linda Berglin, DFL-Minneapolis, Senate Health and Human Services Budget Committee chairwoman, of the governorís proposal.
In the past, the governorís idea of reducing health care costs was kicking working families off programs like MinnesotaCare, Berglin said.
ìThis is a blatantly political maneuver to make amends for his failed policies to cut health care costs for working Minnesotans,î she said.
Rep. Jim Abeler, R-Anoka, a chiropractor and chairman of the House Health Care Cost Containment Committee, gave Pawlentyís proposal a mixed review.
ìItís good people are throwing out ideas,î he said of the proposal.
While crediting the governor for advancing the debate and saying his committee, assuming Republicans keep control, will hear the leg is al tin, Abeler questioned the reasoning behind it.
ìIt just seems puzzling to me,î said Abeler, a free speech advocate.
Beyond First Amendment concerns, Abeler argued that physicians should have enough fortitude to say ìNoî to patient requests for prescription drugs if they believe the drugs are inappropriate.
On the other hand, consumers should realize that advertisements are not the best source of medical information, Abeler explained.
Consumers and physicians both need education on the issue of prescription drug advertising, he opined.
Abeler said he had heard nothing about the Pawlentyís drug ad proposal until receiving a call from a reporter.
It would have been nice had the Governorís Office notified lawmakers in advance, he said.
Capitol Roundup
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