Drug Companies Circumvent Law by Placing Drug Ads on YouTube

Several articles in various publications have reported on the nonprofit consumer group Prescription Project, which has raised the alarm about drug companies that are getting around laws designed to protect consumers by placing drug ads directly on YouTube. One such article appeared in the December 4, 2008 issue of the Wall Street Journal. This article starts off by reporting, "Ads on video Web site YouTube for medical devices sold by Abbott Laboratories, Medtronic Inc. and Stryker Corp. violate federal rules because they don't contain required warnings and disclosures, according to an advocacy group."

Allan Coukell, director of policy for the Prescription Project, stated, "Whether through a TV ad or an Internet video, the promotion of a medical device for use in complex surgery without adequate warnings is a blatant violation of the law and could put lives at risk. The videos raise serious questions about whether drug and device companies are using the Internet to skirt laws that safeguard consumers."

On December 3, 2008 the group, Prescription Project, gave the Food and Drug Administration (FDA) petitions requesting the removal of six YouTube videos that do not include disclaimers. Prescription Project has asked FDA regulators to order drug companies that are not listing side effects in their videos to remove the advertisements from the Web. They have also asked the FDA to issue regulations requiring online ads to be subject to the same standards as television ads.

In response to the negative publicity, several of the drug companies have said that they will be removing the ads from the Internet. One company, Medtronic, who produces an artificial spinal disc suggested that they did not put the ad for their product online and said that the ad may have been posted online by "third parties", yet they said that the ad has been removed.

Another company named in the petition was Abbott Laboratories, makers of Xience, their best-selling drug-coated stent. In defense the company said that the online ad had links to the risks and safety information. Abbott Laboratories spokesman Scott Stoffel commented, "Abbott's practice is to comply with all regulatory requirements and to provide patients and consumers with accurate and complete product information."

According to their website the Prescription Project, "seeks to eliminate conflicts of interest created by industry marketing by promoting policy change among academic medical centers, professional medical societies and public and private payers."

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