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Tricks help drug makers sell prescription meds for uses not approved by FDA

5:21 PM, October 27, 2008

At least one in five prescriptions that doctors write is for a drug to be used for purposes or in ways different from those approved by the FDA. In 2001, that added up to 150 million prescriptions. And with such a large market up for grabs, it should be no surprise that drug manufacturers are keen to find ways to work around legal restrictions against the promotion of prescription drugs for such "off-label" purposes.

A new study out today in PLoS Medicine (dated Oct. 28) details the creative ways in which drug companies conduct "stealth marketing" campaigns that encourage physicians to prescribe a medication for "off-label" use, but do so within the narrow confines of the law.

Though there's nothing illegal about a physician prescribing medications for uses that FDA has not approved as safe and effective, it is illegal for companies to tout them in advertising and public promotion. It can cost a company caught in the act big-time: Several years ago, Warner-Lambert, a subsidiary of Pfizer, was forced to pay $430 million in civil and criminal fines for marketing the anti-epilepsy drug Neurontin as a drug for psychiatric diseases.

The authors suggest that physicians are no less immune to "buzz" advertising strategies than the rest of us are. So, at professional meetings and educational seminars that physicians must attend to keep their licenses up to date, drug companies with a new drug to sell or an old drug to revive often stir interest in a drug's "off-label" uses by sponsoring the presentation of small, preliminary studies. Though the studies would likely not pass muster in a medical journal, doctors still hear of evidence that a medication they already prescribe for an approved purpose may treat other disorders too. And that evidence often comes from a researcher who has won lucrative funding -- and sometimes speakers' fees -- from the company that makes the drug in question.

In some cases, a drug company may foster wider use of a drug through this kind of stealth marketing than if it were to take the ordinary route to broad acceptance by doctors and patients -- seeking approval for the "indication" from the FDA. Asking FDA's blessing requires the performance of costly and time-consuming clinical trials, which sometimes don't yield impressive results. By comparison, creating "buzz" is inexpensive.

"Pharmaceutical marketing has distorted the discourse on off-label marketing and encouraged the unmonitored, potentially dangerous use of drugs by patients for whom risks and benefits are unknown," write authors Dr. Adriane Fugh-Berman of Georgetown University and Dr. Douglas Melnick, a preventive physician based in North Hollywood. One study has found that three-quarters of off-label prescriptions are written without a shred of scientific evidence supporting the drug's effectiveness for the purpose.

Fugh-Berman is the force behind a pharmaceutical-industry watchdog website, http://www.pharmedout.org/. Melnick worked in the pharmaceutical industry as a physician in the firm's medical affairs department, supporting marketing efforts.

The authors suggest that FDA regulators should expend more effort enforcing -- and perhaps extending -- restrictions of off-label marketing than is currently the case. They suggest that physicians, who often find themselves on the receiving end of such campaigns, could be offered rewards for reporting off-label marketing. 

-- Melissa Healy

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Tami Dennis, who takes the word "skeptic" to previously uncharted territory, is the Times' Health and Science editor. She's adamant that pitches promoting awareness days, weeks or months are, by their nature, non-stories. And, because she's an adult, she refuses to use words like "veggies," "tummy" and "yummy."
Rosie Mestel, deputy Health and Science editor, studied genetics before abandoning flies, fungi and DNA for health/medical writing. Her hero is the biologist Ernst Haeckel, whose jellyfish paintings inspired snazzy chandeliers. Her favorite toast-spread is Marmite, a British delicacy made of yeast extract. Her least-favorite word is "millenniums."
Melissa Healy is a staff writer for the Health section reporting from Washington D.C. Healy's a veteran of The Times' National staff, having covered the Pentagon, Congress, poverty and social welfare, the environment, and the White House before shifting to Health in 2003. She writes frequently about mental health and human behavior, about federal health policy, prescription medication and ethics in medicine. More wonk than wellness freak, Healy chooses to believe in the health benefits of coffee and wine, and considers water a better work-out medium than beverage.
Karen Kaplan covers genetics, stem cells and cloning. She and colleague Thomas H. Maugh II comprise about 25% of the unofficial MIT-Alumni-in-Journalism Club, and she is proud to have taken more math (5) than English (0) courses in college. Her contributions to Booster Shots will, she hopes, appear more frequently than postings to her mommy blog.
Thomas H. Maugh II has been a science and medical writer at the Times for 23 years. Before that, he was on the staff of the journal Science for 13 years. He has bachelor's degrees in English and chemistry from MIT and a doctorate in chemistry from UC Santa Barbara.
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