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Healthy Skepticism Library item: 8217

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

 

Publication type: Journal Article

Wood J, Rupright P.
Erosion of the learned intermediary rule
Pharmaceutical Executive 1997 Oct; 17:104, 106, 108, 110


Abstract:

The erosion of the learned intermediary rule, which provides liability protection to companies that manufacture prescription medicines and devices, by regulatory and marketing developments such as direct-to-consumer advertising in the United States and internationally, the Internet and companies’ World Wide Web home pages, the Omnibus Budget Reconciliation Act of 1990 (OBRA 1990), which places pharmacists as an intermediary between the physician and patient, and new U.S. Food and Drug Administration (FDA) requirements and recommendations about the provision of patient package inserts and brochures by the pharmaceutical industry is examined.

 

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...to influence multinational corporations effectively, the efforts of governments will have to be complemented by others, notably the many voluntary organisations that have shown they can effectively represent society’s public-health interests…
A small group known as Healthy Skepticism; formerly the Medical Lobby for Appropriate Marketing) has consistently and insistently drawn the attention of producers to promotional malpractice, calling for (and often securing) correction. These organisations [Healthy Skepticism, Médecins Sans Frontières and Health Action International] are small, but they are capable; they bear malice towards no one, and they are inscrutably honest. If industry is indeed persuaded to face up to its social responsibilities in the coming years it may well be because of these associations and others like them.
- Dukes MN. Accountability of the pharmaceutical industry. Lancet. 2002 Nov 23; 360(9346)1682-4.