How many television ads have you seen touting the benefits of a drug? For most people, the answer to the question would be – too many. A large number of drug advertisements seem to promise the world – something that certain members of Congress say is intentionally meant to mislead consumers. Specific advertisements in question The advertisements specifically in question involve these three drugs:

• Vytorin. Merck-Shering continued advertisements for its cholesterol drug, Vytorin, for a year after a study conclusively showed that the name brand drug was no more effective than generic drugs. The company says that it withheld the results of the 2006 study until January 2008 to analyze the data and that once it realized that the data was accurate, it stopped its television marketing. News reports estimate that the company’s ads increased Vytorin sales to over $5 billion in 2007.
• Lipitor. Pfizer continued advertisements for its cholesterol drug, Lipitor, showing Dr. Robert Jarvik, the inventor of the artificial heart, touting the benefits of the drug. However, while Jarvik did graduate from medical school, he is not a licensed physician and not qualified to dispense medical advice.
• Procrit. Johnson & Johnson advertised that its anemia drug, Procrit, would increase patients’ energy and quality of life. However, those bold promises were never approved by the U.S. Food and Drug Administration (FDA).

Isn’t the FDA reviewing television drug ads?

The answer is – it should. However, the FDA maintains that it simply doesn’t have the manpower to review all of the drug ads that air on television. In fact, the Government Accountability Office says that the FDA is only able to review a very small fraction of the ads that are aired.

If you’ve been injured by a drug, contact an attorney who does monitor drug advertisements and whose practice focuses in this area of the law. Consultations with qualified attorneys are free, without obligation and are strictly confidential. To contact an attorney, please click here. We may be able to help.