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Bill Radke: The FDA has proposed a new rule to regulate how drug ads talk about risks and side effects. From our health desk at WHYY in Philadelphia, Gregory Warner has that.
Gregory Warner: Drug ads are different from other commercials, because drug ads by law have to warn you about health risks.
Drug Ad: Cholesterol.
Here’s a recent TV ad for Vytorin, a cholesterol drug. The information about side effects falls between second 33 and 51 of the ad — the low attention zone for viewers. And the pacing is about as fast as the announcer can talk without choking.
Drug Ad: Unexplained muscle pain or weakness could be a sign of a rare but serious side effect.
Finally, though radio listeners can’t appreciate this, the visuals during this are very cheerful and colorful.
Sidney Wolfe: The visual is mainly visual benefits. And the audio is the risk.
Sidney Wolfe is with the advocacy group Public Citizen:
Wolfe: And lots of studies have shown that people remember more about the benefits than they do about the risk.
Last week, the FDA proposed a rule for drug ads on radio and television. Shelly Burgess is a spokeswoman for the FDA:
Shelly Burgess: This will not only result in an immediate and dramatic difference in advertising content, but it will require that advertising be clear, conspicuous and neutral.
Clear enough, she says, for a quote “reasonable consumer.” So, simpler language, slower pacing, and no distracting visuals.
Dara Katcher Levy is a lawyer who helps drug companies comply with FDA rules:
Dara Katcher Levy: I think FDA needs to be more specific.
She says the law fails to define what a “reasonable consumer” is.
Katcher Levy: And so trying to understand what would be readily understandable by consumers generally, I don’t think helps industry.
The public has 90 days to comment before the FDA issues the new law in June.
In Philadelphia, I’m Gregory Warner for Marketplace.
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