Healthy Skepticism Library item: 5951

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: news

Bayer erectile dysfunction drug found to breach
Choice : Australian Consumers' Association Date uncertain 2006

Full text:

BAYER erectile dysfunction drug found to breach
Advertising Code of Conduct
The pharmaceutical industry’s advertising Code has yet again failed to stop the unethical marketing of
prescription drugs according to the Australian Consumers’ Association.
The peak industry body Medicines Australia has found Bayer’s marketing campaign for an erectile dysfunction
drug breached its Code of Conduct. It instructed Bayer to stop its campaign but did not fine the company.
“Despite the finding, this has been a successful campaign for Bayer. They have managed to advertise their
product in direct breach of the Code for at least the past month but have not been fined. It is only a matter of
time before Bayer ignores the Code again”, said Ms Korczak.
“Bayer is a repeat offender. The Code clearly does nothing to deter companies from breaching the Code time
and again”, said Ms Korczak, ACA health spokesperson.
“Regulation that deters unethical advertising is required. Industry self-regulation of drug advertising has clearly
failed. We need penalties that bear some relation to the enormous marketing budgets available to large
pharmaceutical companies.”
The Bayer breach came to national attention when ACA alerted Medicines Australia.
We complained about a money back guarantee which was offered with Bayer’s erectile dysfunction drug.
Doctors were sent money back guarantee vouchers which were given to patients when they wrote the script for
the product.
The Code of Conduct Committee found that money back guarantees were inappropriate for prescription
medicines. It ordered that the company cease offering the money back guarantee, issue a corrective letter to all
health professionals who received information about the promotion and publish a corrective advertisement in all
health professional journals where the promotion was offered.
Direct to consumer advertising is only allowed in the US and to a limited extent in New Zealand.