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Healthy Skepticism Library item: 2245

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

Leenen FH.
Conflicts of interest and libel action.
N Engl J Med 2002 Jun 13; 346:(24):1919-20


Abstract:

As part of the debate about the safety of calcium-channel blockers in the late 1990s, the Journal published an article referring to a Canadian Broadcasting Corporation television program (The Fifth Estate) about Health Canada’s review of calcium-channel antagonists. The article repeated the false allegation that an academic advisor to Health Canada “had financial relationships with manufacturers of calcium-channel antagonists,” raising “an important question about physicians’ objectivity in assessing the safety of drugs.” The article did not mention that, as one of the academic advisors, I initiated a libel action against The Fifth Estate, nor that none of my research was reviewed as part of this “study.” I won my libel action. The repeat of the false allegation lent credibility to the program and had a very negative effect on my reputation. The trial judge listed numerous examples of damage to my reputation, including the Journal article. My successful action against The Fifth Estate traveled through all levels of the courts in Canada to the highest court in the country. On February 7, 2002, the Supreme Court refused to hear a CBC appeal, and my ordeal has finally ended.

Keywords:
*letter to the editor Canada conflict-of-interest relationship with pharmaceutical industry safety libel ETHICAL ISSUES IN PROMOTION: LINKS BETWEEN HEALTH PROFESSIONALS AND INDUSTRY Calcium Channel Blockers* Canada Conflict of Interest/legislation & jurisprudence* Deception Drug Industry/legislation & jurisprudence Television/legislation & jurisprudence*

 

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As an advertising man, I can assure you that advertising which does not work does not continue to run. If experience did not show beyond doubt that the great majority of doctors are splendidly responsive to current [prescription drug] advertising, new techniques would be devised in short order. And if, indeed, candor, accuracy, scientific completeness, and a permanent ban on cartoons came to be essential for the successful promotion of [prescription] drugs, advertising would have no choice but to comply.
- Pierre R. Garai (advertising executive) 1963