Marketing and Conflict of Interest

Pharmaceutical marketing relies on a combination of advertisements to physicians and consumers, direct visits to physicians by pharmaceutical sales representatives, industry funding of continuing medical education for prescribers, and a variety of gifts to physicians and their institutions, including the distribution of sample medications intended to influence prescribing. The industry spends at least $30 billion dollars each year, and published studies establish that industry marketing influences prescribing, and drives the use of newer, more expensive medications that are often no better than older, more tested therapies. Physician-industry collaboration is necessary and beneficial, but undisclosed financial relationships create real or perceived conflicts of interest.

The Pew Prescription Project works to engage stakeholders and interest groups to promote federal public policy that effectively manages industry marketing, expands rational prescribing based on unbiased evidence-based information, and promotes transparency in the relationships between industry and prescribers. These initiatives include the Physician Payments Sunshine Act, which would require pharmaceutical and medical device companies to publicly disclose gifts and payments to doctors and other health care-related entities.

More information on state coalitions and bills under consideration during the 2010 legislative sessions can be found on the Community Catalyst website.

• The Case for Disclosure: selected major news articles
• The FDA's Oversight of Clinical Investigators' Financial Information: HHS OIG 2009
• Risk with No Benefit: the Marketing of Over-the-Counter Cough and Cold Medications to Children
• Professional Medical Associations and Their Relationships with Industry: A Proposal for Controlling Conflict of Interest

• The Physician Payments Sunshine Act and Vermont's gift ban and disclosure law
• National Coalition for Appropriate Prescribing (NCAP)
• S. 301 Physician Payments Sunshine Act - Bill Text
• Comments to FDA concerning draft guidance on off-label journal reprints
• Comments to FDA concerning limitations and risks of direct-to-consumer advertising
• Why Small Gifts Matter

• A Fact Sheet on the Physician Payments Sunshine Act (UPDATED 3/23/2010)
• A Fact Sheet on Sample Prescription Medications
• Non-Physician Prescribers and Pharmaceutical Industry Interactions
• A Fact Sheet on Prescription Data Mining
• A Fact Sheet on Industry Payments to Physicians
• Old vs. New: PhRMA Marketing Code Analysis and Summary
• Data Mining: Myths and Rebuttals
• A fact sheet on Industry Marketing