Drug companies defend TV advertisements before Congress

WASHINGTON -- Some of the nation's largest pharmaceutical companies defended their TV advertisements Thursday from Democrats pushing for tougher marketing restrictions.

Executives from Pfizer Inc., Johnson & Johnson and a joint venture of Merck and Schering Plough testified before House lawmakers on three discontinued advertisements. All three promotions were criticized by Democrats as potentially misleading consumers.

Reps. Bart Stupak. and John Dingell, both Michigan Democrats, pressed a Merck-Schering executive on why the company continued advertising its cholesterol pill Vytorin even after completing a study that showed it was no more effective than a low-cost generic.

The study was completed in 2006 but the companies didn't release the results until this past January.

"I saw a vigorous debate around the quality of that data," said Senior Vice President Deepak Khanna, explaining why the study was not released earlier. "Ultimately we took steps to make sure the data was there and meaningfully analyzed before its release."

Stupak, who chairs the Energy and Commerce Committee's oversight subcommittee, said he is considering new restrictions to "protect American consumers from manipulative commercials."

Democrats have intensified their scrutiny of the drug industry, energized by a recent discovery that Vytorin is no better at stopping plaque buildup than Zocor, a Merck drug available for a fraction of the cost.

Two Congressional committees have requested interviews and documents on Vytorin from the companies. And Kenilworth, N.J.-based Schering disclosed on Tuesday that the Department of Justice is seeking similar information.

Merck and Schering halted TV marketing for Vytorin after releasing the disappointing study results, but Stupak said that action came too late.

"Many consumers may not have taken Vytorin had they been aware of the study results," Stupak said.

The advertisements pictured fatty meals alongside "relatives" with similar-sounding names -- a frankfurter and Uncle Frank, for example -- explaining that both diet and family can cause bad cholesterol. The promotions first ran in 2004 and helped push Vytorin sales to more than $5.1 billion last year.

Sales pitches from Pfizer and J&J also caught the unwanted attention of lawmakers.

Earlier this year, Pfizer discontinued its TV campaign for cholesterol drug Lipitor after Stupak and Dingell questioned the credentials of spokesman Dr. Robert Jarvik, the inventor of an artificial heart.

Democrats said that Jarvik was unqualified to give medical advice since he is not a licensed physician, though he did graduate from medical school.

Lawmakers also criticized J&J's Procrit ads for suggesting the anemia drug gives patients more energy and increases quality of life, a claim that is not approved by regulators.

J&J said it stopped airing the ads in 2005 and has no plans to put them back on.

Dingell asked all three executives to adopt new standards for marketing, but each said they did not have authority to make such commitments.

"Maybe we need to have another hearing with someone who can really speak on behalf of the companies," said Dingell, who chairs the Energy and Commerce Committee. "Perhaps the company presidents would be able to respond in a more helpful fashion."

Last year, Democrats tried unsuccessfully to pass a law that would ban consumer-directed advertisements in the three years after a drug's approval. They are expected to make a similar push later this year.

TV marketing has become a pillar of the pharmaceutical business since regulators first loosened rules to allow the practice a decade ago. Companies spent roughly $3.5 billion on spots last year.

A government investigator from the General Accountability Office told lawmakers Thursday that the Food and Drug Administration reviews only a small portion of the advertising materials it receives.

House Democrats have frequently accused FDA of not doing enough to ensure the safety of food and drugs.

But representatives for the drug industry say the Democrats' criticism of FDA's oversight of the drug industry is primarily driven by political motives.

"It's all about politics, not advertising," said John Kamp, director of the Coalition for Healthcare Communication, a lobbying group for drug and media companies. "They hold a hearing so they can pretend their guys would do a better job running the agency than the Republicans."

The FDA is headed by a Republican commissioner appointed by the White House.

While consumer-directed advertising is getting more of Washington's attention, industry data suggest it may be fading as an industry priority.

Ad expenditures declined 3 percent last year to $5.3 billion, according to Nielsen Co. It was the first drop in the industry's history.