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Insufficient compliance of the German Therapeutic Products Advertising Act in product catalogues of online pharmacies
The importance of ordering drugs from online pharmacies in Germany is increasing constantly. At the same time, there are many online pharmacies that try to increase their own market share through advertising. In Germany, the advertising of drugs is regulated by the Therapeutic Products Advertising Act (
Heilmittelwerbegesetz
(HWG)) and must therefore also be complied with by online pharmacies in their product catalogues. One important purpose of the HWG is to protect consumers by ensuring that they are presented with all necessary medical-pharmacological information about the advertised product. This paper examines the implementation of as well as the compliance with Section 4 of the HWG in the product catalogues of two online pharmacies. For this purpose, the spring/summer catalogue of 2023 was considered in the allergy, cold and gastrointestinal tract categories, resulting in the inclusion of 143 drugs from online pharmacy 1 (OP1) and 102 drugs from online pharmacy 2 (OP2) for the analysis. The information on the drugs was taken from the respective catalogue and the pharmaceutical index ‘Gelbe Liste’, collected in tabular form and was encoded. Subsequently, the required mandatory information according to Section 4 was checked by comparing the collected information with the information from the package leaflet. The analysis revealed that both catalogues insufficiently complied with Section 4 of the HWG. OP1 complied with 75% of the mandatory information required under Section 4 of the HWG and OP2 with 64%. In the OP1 catalogue, there is no indication for 6% of the drugs and no specification for 29% of the traditionally registered drugs. In addition, the mandatory notice on risks and adverse effects in the OP1 catalogue is not presented in a consumer-friendly way. In the OP2 catalogue, further concerns about the compliance with the HWG were raised due to the missing indication for 17% of the drugs, no warning for 64% of the ethanol-containing drugs and no active ingredient for 31% of the monopreparations. The insufficient compliance with the HWG in the product catalogues of OP1 and OP2 means that consumer protection as a stated objective of the HWG cannot be guaranteed. Advertising for drugs should only be possible under the condition that the content of the advertisement complies with the HWG. Insufficient compliance, as in the product catalogue of OP1 and OP2, should be prohibited as it directly contradicts the law’s objective.
Journal Article
Reducing race differences in direct to consumer pharmaceutical advertising
Reducing health disparities by increasing access to health information is a national health policy priority. Evidence exists that direct-to-consumer pharmaceutical advertising (DTCA) is effective in educating consumers about health issues. However, racial disparities exist in such advertising. In 2009, the Food and Drug Administration (FDA) issued a report that included recommendations for enhancing the ability of DTCA to reach disadvantaged populations, including racial and ethnic minorities. Reducing Race Differences in Direct to Consumer Pharmaceutical Advertising compares the pharmaceutical advertisements placed in five popular women’s magazines published prior to and following the 2009 FDA report to assess the impact of these recommendations on the content and appearance of advertisements placed in magazines of differing racial orientation. From a health policy perspective, the results are disappointing. The FDA recommendations had no impact on the frequency or content of the DTCA appearing in White-oriented versus Black-oriented magazines. In fact, far fewer drugs used to treat life-threatening conditions were advertised in Black-oriented magazines after the 2009 FDA recommendations. The book concludes that enhancing the educational and motivational value of DTCA will require more than a set of recommendations. The results shed light on the pharmaceutical industry’s compliance with both hard and soft regulation. Neither federal recommendations nor industry guidelines resulted in the changes to DTCA envisioned by the FDA. Regulatory action is necessary to ensure that pharmaceutical companies develop advertising campaigns that not only promote their products, but also positively impact the health outcomes of those who read their ads.
eBook
Comfortably numb : how psychiatry is medicating a nation
Public perceptions of mental health issues have changed dramatically over the last fifteen years, and nowhere more than in the rampant overmedication of ordinary Americans. In 2006, 227 million antidepressant prescriptions were dispensed in the United States, more than any other class of medication; that year, the United States accounted for 66% of the global market. Here, psychiatrist Barber provides a context for this disturbing phenomenon. He explores the ways in which pharmaceutical companies first create the need for a drug and then rush to fill it, and he reveals the increasing pressure Americans are under to medicate themselves. Most importantly, he argues that without an industry to promote them, non-pharmaceutical approaches that could have the potential to help millions are tragically overlooked by a nation that sees drugs as an instant cure for all emotional difficulties.--From publisher description.
Book
Broadcast pharmaceutical advertising in the United States
How often do we stop to recognize what pharmaceutical advertisements are telling us? Broadcast Pharmaceutical Advertising in the United States: Prime Time Pill Pushers engages with this question to include how pharmaceutical companies are shaping the meaning of drug interventions for individuals and the ways in which pharmaceutical advertisements frame issues of identity and representation for patients and health care. Such issues highlight how patients are being framed as consumers in these advertisements, which then permits the commodification of health care to be celebrated. Such a celebration has strong ideological implications, including definitions of “the good life,” patient agency, and the role of DTCAs in such depictions. By defining and discussing medicalization, pharmaceuticalization, and commodity fetishism, this book introduces how the term “pharmaceutical fetishism” can act as a means for describing the commodification of brand-name pharmaceutical drugs, which, via advertising and promotional culture, ignores large-scale production and for-profit motives of “big pharma.”
eBook
RX : a graphic memoir
\"A graphic memoir about the treatment of mental illness, treating mental illness as a commodity, and the often unavoidable choice between sanity and happiness\"-- Provided by publisher.
Book
Content Analysis of False and Misleading Claims in Television Advertising for Prescription and Nonprescription Drugs
ABSTRACT
BACKGROUND
False and misleading advertising for drugs can harm consumers and the healthcare system, and previous research has demonstrated that physician-targeted drug advertisements may be misleading. However, there is a dearth of research comparing consumer-targeted drug advertising to evidence to evaluate whether misleading or false information is being presented in these ads.
OBJECTIVE
To compare claims in consumer-targeted television drug advertising to evidence, in order to evaluate the frequency of false or misleading television drug advertising targeted to consumers.
DESIGN
A content analysis of a cross-section of television advertisements for prescription and nonprescription drugs aired from 2008 through 2010. We analyzed commercial segments containing prescription and nonprescription drug advertisements randomly selected from the Vanderbilt Television News Archive, a census of national news broadcasts.
MAIN MEASURES
For each advertisement, the most-emphasized claim in each ad was identified based on claim iteration, mode of communication, duration and placement. This claim was then compared to evidence by trained coders, and categorized as being objectively true, potentially misleading, or false. Potentially misleading claims omitted important information, exaggerated information, made lifestyle associations, or expressed opinions. False claims were factually false or unsubstantiated.
KEY RESULTS
Of the most emphasized claims in prescription (
n
= 84) and nonprescription (
n
= 84) drug advertisements, 33 % were objectively true, 57 % were potentially misleading and 10 % were false. In prescription drug ads, there were more objectively true claims (43 %) and fewer false claims (2 %) than in nonprescription drug ads (23 % objectively true, 7 % false). There were similar numbers of potentially misleading claims in prescription (55 %) and nonprescription (61 %) drug ads.
CONCLUSIONS
Potentially misleading claims are prevalent throughout consumer-targeted prescription and nonprescription drug advertising on television. These results are in conflict with proponents who argue the social value of drug advertising is found in informing consumers about drugs.
Journal Article
Advertisements for prescription-free drugs and dietary supplements in the Deutsche Apotheker Zeitung (German Pharmacist Journal)
The Deutsche Apotheker Zeitung (DAZ, German Pharmacist Journal) is an independent pharmaceutical newspaper focusing on science and practice, mainly for the profession of pharmacist. In this study, drug advertising in the DAZ was analysed. To our knowledge, there is little scientific data available on drug advertising in professional journals. We assumed that professional journals provide particularly good background information on the advertised drugs because they are targeted to specialists. All non-prescription medicines and preparations that fall under the Medicines Advertising Law (Heilmittelwerbegesetz, HWG) were studied. The Medicines Advertising Law regulates the legal procedure for advertising medicinal products in Germany. The 167 product advertisements from the 52 issues of 2021 were analysed and checked for compliance with the Medicines Advertising Law. We identified significant deficiencies in compliance with the legislation. These included the lack of mandatory information required by the Medicines Advertising Law, for example the indication of adverse drug reactions and the listing of contraindications. There are very few peer-reviewed references on the efficacy of the advertised preparations. A scientific validation was carried out using the PubMed database, with the result that scientific information was available only for 1/3 of the advertisements. In addition, the appearance and target groups as well as social structures, images and feelings conveyed by the advertising were analysed. This study provides insights into the mechanisms of drug advertising in professional journals, which have not yet been researched to any great extent. Even in professional journals, pharmacological evidence plays a much smaller role than marketing, psychology and traditional social values. It seems that drug manufacturers deliberately ignore the German Medicines Advertising Law to advertise their products in the best possible way. Stricter legal controls should be put in place to prevent this practice and protect consumers from misinformation. This will increase drug safety.
Journal Article
Drug advertising in the German free-of-charge health magazine Apotheken Umschau (Pharmacy review): a critical analysis
In Germany, the Apotheken Umschau (Pharmacy review) is a very popular health magazine for lay people, which is available free of charge in pharmacies. In this study, drug advertising in the Apotheken Umschau was critically analyzed. To our knowledge, studies on drug advertisements in such magazines are scarce. For the analyses, a total of 123 different advertisements from all 48 issues of Apotheken Umschau in 2020 and 2021 were compared. Since 2021 is the first year that was completely characterized by the COVID-19 pandemic, it was thus also possible to work out pandemic effects. More preparations from the categories immune system, eyes and sleep were advertised in 2021. Accordingly, typical complaints home office workers were addressed. Advertisements provided only very modest scientific information, if at all. The Therapeutic Products Advertising Act (Medicines Advertising Law; Heilmittelwerbegesetz (HWG)) provides regulations regarding the handling of drug advertising. However, in various categories, we noted substantial deficiencies of the advertisements to comply to regulations, e.g. the disclosure of adverse effects and omission of the mandatory statement “For risks and adverse effects, read the package insert and ask your doctor or pharmacist (Für Risiken und Nebenwirkungen fragen Sie Ihren Arzt oder Apotheker oder lesen Sie die Packungsbeilage)”. Fifty-one of the 123 advertisements featured females to appeal particularly to this target group. Furthermore, a homogeneous ethnic (Caucasian) picture and a traditional image of German society were presented although this clearly deviates from reality. In conclusion, this study provides insights into the yet poorly studied mechanisms of drug advertisement for lay people. Pharmacological evidence plays a much smaller role than psychology, marketing and traditional societal models. It appears that drug companies intentionally use the “grey area” of the Medicines Advertising Law to optimally promote their products and ignore mandatory statements. This practice must be stopped by stricter legal control to protect the consumer from misinformation. In this way, drug safety will be increased.
Journal Article