Consumer HealthAdvertising and Marketing

Chpt 4

Adapted from Jim Grizzell @ CSU Pomona

Advertising & Marketing

Advertising The activity of attracting public

attention to a product or business, as by paid announcements in the print, broadcast, or electronic media

Marketing To offer for sale To sell

Advertising

Placement of announcements and persuasive messages in time or space

Purchased in any of the mass media by business firms, nonprofit organizations, government agencies, and individuals who

Seek to inform and / or persuade members of a particular target market or audience about their products, services, organizations, or ideas

Marketing

The process of planning and executing the conception, pricing, promotion, and distribution of ideas, goods, and services to create exchanges that satisfy individual and organizational objectives

Marketing Ethics

American Marketing Association Code of Ethics http://www.marketingpower.com/live/content435.php

AMA Code of Ethics

Participants in the marketing exchange process should be able to expect that:Products and services offered are

safe and fit for their intended usesCommunications about offered

products and services are not deceptive

AMA Code of Ethics

Avoidance of false and misleading advertising

Rejection of high-pressure manipulations, or misleading sales tactics

Avoidance of sales promotions that use deception or manipulation

Advertising Techniques

Words, phrases Puffery Weasel words & phrases Half-truths Power words

AMA Code “Do not use puffery statements or hype (i.e.

we make the best widgets East of the Rockies), but do inform the reader of your status in your industry”

What to Look For

Unambiguous clinical outcome When compared with DRUG X, DRUG Y delivers

faster symptom relief. Vague clinical outcome

DRUG X is the new, effective 20 μg pill with a low incidence of discontinuation due to skin problems.

Emotive or immeasurable outcome DRUG X – one of a kind or DRUG X – a source of

healing power. Non-clinical outcome (eg, drug plasma half-lives or

biochemical markers) Using DRUG X resulted in a 30% increase in arterial

luminal diameter in post-mortem dissections.

Marketing by . . .

Medical Professionals Hospitals Prescription drug companies

Direct to consumer advertising Non-prescription drug companies

Marketing Other Products

Food Dietary supplements Tobacco Weight loss Youth and beauty Exercise and fitness

Food Advertising Promotes dietary imbalance

High fat, high sugar, low nutrients, snacks

Goal of children’s shows to sell productsToys, video games, cereal, other shows

Health benefits of specific foodsLow in sugar but high in fatNo talk of overall diet

Dietary Supplements

Most ads misleadingClaim we can’t meet nutritional needsClaim products can prevent or treat diseaseUnwarranted claims protected by free

speech 1994 Dietary Supplement Act

http://vm.cfsan.fda.gov/~dms/supplmnt.html

DSHEA1994 Act FDA regulates dietary supplements under a different set of

regulations than those covering "conventional" foods and drug products (prescription and Over-the-Counter).

Under (DSHEA), the dietary supplement manufacturer is responsible for ensuring that a dietary supplement is safe before it is marketed.

FDA is responsible for taking action against any unsafe dietary supplement product after it reaches the market.

Generally, manufacturers do not need to register with FDA nor get FDA approval before producing or selling dietary supplements. Manufacturers must make sure that product label information is truthful and not misleading.

FDA Post market

FDA's post-marketing responsibilities include monitoring safety

• Voluntary dietary supplement adverse event reporting

• Product information • Labeling

• Claims

• Package inserts

• Accompanying literature

Patent Pending or Patented

Means nothingPatent office does not require a

patent to workPatent office only requires that this

product is different from some other product, formulation, mechanism

Federal Trade Commission

Dietary Supplements:An Advertising Guide for the Industry

http://www.ftc.gov/bcp/conline/pubs/buspubs/dietsupp.htm

Identifying Express and Implied ClaimsWhen to Disclose Qualifying InformationClear and Prominent Disclosure

Diet & Fitness Consumer Tipshttp://www.ftc.gov/bcp/menu-health.htm

To file a complaint https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01

Cigarette Advertising

Master Settlement in 1998Advertising dollars continue to rise

• http://www.ftc.gov/opa/2003/06/2001cigrpt.htm

Consumer Tips for Prescription Drugs

Primary purpose of ad is to sell you a product

Do not assume ad gives you full story Get more information

Toll-free numberReference bookYour physician

Consumer Tips for Non-Prescription Drugs

Ignore hype: secret, special, foreign formulas, testimonials, miracle or wonder cure

Get more information Select products by ingredients listed

Not claims Choose single-ingredient products

Marketing Schemes

Multi-Level MarketingAmway, Mary Kay, Nu Skin, Juice

Plus, Sunrider$35 - $100 KitLikely all make false/deceptive claims

Telemarketing

Regulation

Industry Self-RegulationNational Advertising Review Board

• “Truth and accuracy in national advertising"

• Recommendations are non-binding, most advertisers accept the NARB Panel's findings.

• Can refer to law enforcement

Government Regulation

GovernmentFDA-food, supplements, drugs,

devicesFTC- jurisdiction over products &

services no drugsUSPS-products marketed via mailVarious state & local agencies - power

& jurisdiction vary

Summary

Marketing codes of ethicsMarketing techniquesConsumer Tips