Appropriating Medicine and Public Health for Marketing Ill Health

In the last century, corporations have found new ways to appropriate medical authority to improve marketing of products that harm the health of the public. In a special section of the January 2012 issue of the American Journal of Public Health, researchers describe some of the ways that the alcohol, tobacco and pharmaceutical industries have undermined medical and public health professionalism in order to advance their economic interests.

In the first article,[1] James Mosher, a long-time alcohol policy researcher, describes how the distilled spirits industry developed new products such as alcopops, sweetened soda-like beverages, to regain the youth market after losing market share to beer makers. The article focuses on Smirnoff Vodka brand, a product of Diageo, the world’s largest producer of distilled spirits. Through sophisticated marketing, public relations and lobbying campaigns, Diageo was able to overcome public health opposition to win tax and regulatory changes that allowed them to target their products at young people, especially young female drinkers. These victories enabled Diageo to regain market share among young drinkers and to secure brand loyalty from future generations of spirits drinkers. In achieving their business objective, Diageo undercut progress toward the national health goal of reducing youth drinking.

Smirnoff Ice, a citrus-flavored malt beverage

In a second article on the alcohol industry,[2] David Jernigan of the Johns Hopkins Center on Alcohol Marketing to Youth at the Johns Hopkins School of Public Health – and a CHW Contributing Writer – describes the International Center for Alcohol Policies, created by the global alcohol industry to advance its business, political and scientific objectives. Jernigan documents how ICAP has sought to counter the World Health Organization and independent alcohol researchers by producing reports, sponsoring scientific meetings and commissioning industry-friendly researchers to contest scientific findings that threaten industry profits.

In another article Allan M. Brandt,[3] the Harvard historian who wrote The Cigarette Century: The Rise, fall and Deadly Persistence of Product that Defined America, also looks at industry efforts to challenge medical and scientific research that show a product’s harm. Brandt explains how the tobacco industry “invented the modern problem of conflict of interest” by seeking to “erode, condemn and confuse” the growing body of scientific evidence that “threatened to destroy its prized, highly popular and exclusive product.”

Finally, Joseph Ross and his colleagues[4] at the Yale University School of Medicine analyze how pharmaceutical industry practices “distort the medical literature and undermine clinical trial research, explicitly by obscuring information that is relevant to patients and physicians.” Among the practices they examine are seeding trials, publication planning, messaging, ghost writing and selective publication and reporting of trial outcomes.

In an editorial[5] accompanying the special section, David J. Rothman, a historian at Columbia University, suggests policy options for reducing harmful corporate influences on professional practice of medicine and public health. These include requiring food, tobacco and alcohol companies to disclose all gifts and funds given to physicians, as is now required for the pharmaceutical industry, and strengthening federal regulation of health claims made by the food and alcohol industries, paralleling the new authority given to the Food and Drug Administration to provide oversight of tobacco industry advertising claims. Rothman also urges academic medical centers to ensure that corporate research grants to its physicians are not “marketing ventures in disguise.”


These articles make an important contribution to the small but growing literature that compares the strategies that different industries use in order to develop more effective public health approaches to minimizing their harm. For example, several comparisons of the food and tobacco industries have analyzed their similarities and differences.[6, 7, 8, 9] More specifically, researchers have compared the use and misuse of health claims[10] and the value of regulation and self-regulation, [11, 12]analyzed how different industries have used the legal concept of preemption to weaken regulation;[13, 14]and examined the use of commercial speech protections by the food, pharmaceutical and tobacco industries.[15] Some studies look at the cumulative impact of several industries on single outcomes, e.g. the influence of the food, alcohol and tobacco industries on cancer[16] or on classes of outcomes, e.g., these same three industries influence on NCDs.[17] Finally, several analysts have compared the success and limitations of public health strategies to counter industry influences such as litigation,[18, 19] media advocacy,[20] counter advertising,[21, 22] and advocacy campaigns.[23]

The articles in the American Journal of Public Health special section and the others cited above show how corporations and their allies have sought either to use the authority and credibility of medicine and public health to advance their business interests, or, failing that, to undermine their legitimacy or sow confusion. Too often, scientists and their institutions have entered into Faustian bargains, trading their public trust for industry financial support for their research. Public health and biomedical researchers now have both an opportunity and a responsibility to undo this damage and restore public credibility by advancing a research and policy agenda that puts the public’s health first.

Possible goals for such an agenda include ongoing surveillance of business practices that endanger health in order to provide early warning signs for public health action; research on the effects of misleading or deceptive health claims and the effectiveness of various strategies to discourage such claims; and the development and enforcement of  university and medical center standards to prevent researchers from becoming unidentified marketing agents for specific products, companies or industries.

To date, few governments have the political will to advance such an agenda and non-governmental organizations lack the mandates, capacity or resources to take on these tasks. Perhaps mobilized public health and biomedical researchers can help to spark the changes needed to better protect the health of the 99% of the world’s population whose health now suffers because of the practices of the corporations owned by the 1%.

 


References



[1] Mosher JF. Joe Camel in a Bottle: Diageo, the Smirnoff Brand, and the Transformation of the Youth Alcohol Market. Am J Public Health. 2012;102(1):56-63.

[2]Jernigan DH. Global Alcohol Producers, Science, and Policy: The Case of the International Center for Alcohol Policies. Am J Public Health. 2012; 102(1):80-89.

[3] Brandt AM. Inventing Conflicts of Interest: A History of Tobacco Industry Tactics. Am J Public Health. 2012; 102(1): 63-71.

[4] Ross JS, Gross CP, Krumholz HM. Promoting Transparency in Pharmaceutical Industry-Sponsored Research. Am J Public Health. 2012; 102(1): 72-80.

[5] Rothman DJ. Consequences of Industry Relationships for Public Health and Medicine. Am J Public Health. 2012; 102(1):55.

[6] Brownell KD, Warner KE. The perils of ignoring history: Big Tobacco played dirty and millions died. How similar is Big Food? Milbank Q. 2009; 87(1):259-94.

[7] Alderman J, Daynard RA. Applying lessons from tobacco litigation to obesity lawsuits. Am J Prev Med. 2006 Jan;30(1):82-8. Erratum in: Am J Prev Med. 2006;30(4):363.

[8] Kersh R, Morone J. The politics of obesity: seven steps to government action. Health Aff (Millwood). 2002;21(6): 42-5.

[9] Courtney B. Is obesity really the next tobacco? Lessons learned from tobacco for obesity litigation. Ann Health Law. 2006 ;15(1):61-106.

[10] Ellwood KC, Trumbo PR, Kavanaugh CJ. How the US Food and Drug Administration evaluates the scientific evidence for health claims. Nutr Rev. 2010;68(2):114-21.

[11] Sugarman SD. Performance-based regulation: enterprise responsibility for reducing death, injury, and disease caused by consumer products. J Health Polit Policy Law. 2009 Dec; 34(6):1035-77.

[12] : Jernigan DH. Public health tools for holding self-regulators accountable: lessons from the alcohol experience. Health Promot Pract. 2011 May;12(3):336-40.

[13] Annas GJ. Good law from tragic facts—Congress, the FDA, and preemption. N Engl J Med. 2009; 361(12):1206-11.

[14] Gorovitz E, Mosher J, Pertschuk M. Preemption or prevention?: lessons from efforts to control firearms, alcohol, and tobacco. J Public Health Policy.1998;19(1):36-50.

[15] Orentlicher D. The commercial speech doctrine in health regulation: the clash between the public interest in a robust First Amendment and the public interest in effective protection from harm. Am J Law Med. 2011;37(2-3):299-314.

[16] Freudenberg N, Galea S, Fahs M. Changing corporate practices to reduce cancer disparities. J Health Care Poor Underserved. 2008 Feb; 19(1):26-40.

[17] Beaglehole R, Bonita R, Horton R, et al. Priority actions for the non-communicable. disease crisis. Lancet 2011; 377: 1438–47.

[18] Parmet WE, Daynard RA. The new public health litigation. Annu Rev Public Health. 2000;21:437-54.

[19] Lytton TD. Using litigation to make public health policy: theoretical and empirical challenges in assessing product liability, tobacco, and gun litigation. J Law Med Ethics. 2004; 32(4):556-64.

[20] Dorfman L, Wallack L, Woodruff K. More than a message: framing public health advocacy to change corporate practices. Health Educ Behav. 2005 Jun; 32(3):320-36.

[21] Agostinelli G, Grube JW. Alcohol counter-advertising and the media. A review of recent research. Alcohol Res Health. 2002; 26(1):15-21.

[22] Agostinelli G, Grube JW. Tobacco counter-advertising: a review of the literature and a conceptual model for understanding effects. J Health Commun 2003; 8(2): 07- 27.

[23] Freudenberg N, Bradley SP, Serrano M. Public health campaigns to change industry practices that damage health: an analysis of 12 case studies. Health Educ Behav. 2009;36(2):230-49.

 

Image Credits:

1. Corporations and Health Watch

2. Seidoger via flickr.

3. Gullig via flickr.

4. Rennett Stowe via flickr.

Pharma Pays Up

It’s been a bad time in court and in the media for Big Pharma. Last week, according to the Wall Street Journal, Merck agreed to pay $950 million and plead guilty to a criminal misdemeanor charge to resolve allegations that the company promoted its now-defunct pain drug Vioxx for rheumatoid arthritis before the FDA approved it for that use. USA Today reports that in the last year the drug company Johnson and Johnson has been found liable or reached settlements totaling $751 million in taxpayer health care fraud claims and paid $70 million to settle foreign bribery charges. And in Montana, the Billings Gazette reports that Montana doctors, pharmacists and other health care professionals received $692,983 in payments and perks from drug companies between 2009 and early 2011, a practice that is legal but troubling to most patients and to medical ethicists.

Pharmacists Fight Higher Drug Prices

A national coalition of US pharmacists and pharmacy owners has begun a public information campaign to “expose the unjustifiably high prices of prescription drugs set by pharmacy benefits managers [PBMs],” reports PharmaTimes. The coalition Pharmacists United for Truth and Transparency, which has members in 40 US states, describes PBMs as an “unregulated, multibillion-dollar industry” that controls prescription health plans for more than 200 million Americans. The coalition says it began the campaign to protect benefit plan sponsors and enrollees from overpaying for prescription drugs.

Use of Anti-Depressants Quadruples in 23 Years

A new report from the U.S. Center for Disease Control reports that use of antidepressant drugs has soared nearly 400 percent since 1988. Fewer than one-third of Americans taking one antidepressant and less than one-half of those taking multiple antidepressants have seen a mental-health professional in the past year, the report shows. Experts attribute the rise in part to direct-to-consumer advertising of antidepressants.

New Study Tracks Pharmaceutical Fraud and Abuse in the United States, 1996-2010

In a recent article in the Archives of Internal Medicine, Zaina Qureshi and colleagues report that between 1996 and 2005, $3.6 billion wasrecovered for 13 pharmaceutical fraud cases initiated by “whistleblowers” and that since 1996, a total of $12 billion has been recovered from 31 pharmaceutical prosecutions for violations of the False Claims Act. The authors conclude that “industrywide changes in the way pharmaceutical corporations conduct marketing activities are needed.”

Global Public Health Implications of Social Media Direct-to-Consumer Drug Advertising

In a recent article in the Journal of Medical Internet Research, Liang and Mackey assess the global public health and patient safety implications of unregulated social media direct-to-consumer advertising using web 2.0 (eDTCA 2.0) by online pharmacies and pharmaceutical corporations. They conclude that both pharmaceutical companies and illicit online drug sellers use eDTCA 2.0 to market themselves and their top-selling drugs, requiring regulators worldwide to take into account the current eDTCA 2.0 presence when attempting to reach policy and safety goals.

International Pharmaceutical Manufacturers Define Role in Responding to Non-Communicable Diseases

In preparation for the UN High Level Meeting on Non-Communicable Diseases, the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) released its Framework for Action to outline the pharmaceutical industry’s focus in NCDs “The NCD framework is just the beginning; our vision is to work with others to identify what can be done in practice to help poor people access the care and treatment they need,” said IFPMA Director General Eduardo Pisani. “Together, we want to find ideas for concrete actions to put on the table in the aftermath of the UN NCD Summit in September. The Framework is our roadmap for this work.”  IFPMA’s Framework for Action centers on four main areas: innovation and research, access and affordability, prevention and health education, and partnerships.

US Pharmaceutical Companies Test Drugs on India’s Poor

A recent report on Al Jazeera English found that US drug companies like Merck and AstraZeneca are increasingly conducting their clinical trials of new drugs in countries like India, Russia, China, Brazil, Poland, Uganda and Romania. Zeina Awad, a reporter for Al Jazeera’s “Fault Lines” program, traveled to India to investigate clinical research being conducted there. In an interview, Awad said she found many hospitals and doctors in India failed to follow international guidelines for clinical research.

Targeting Psychiatrists: How the Drug Industry Shapes the Nation’s Response to Mental Illness

In two recent articles in the New York Review of Books, Marcia Angell, former editor of the New England Journal of Medicine, reviews several new books on psychiatry, mental illness and the pharmaceutical industry. In the first, she asks why there is an epidemic of mental illness and describes three books that show how the “profession has allied itself with, and is manipulated by, the pharmaceutical industry.” In the second, she describes another four volumes that examine the history of the pharmaceutical industry’s support for psychiatrists and its role in promoting unneeded or risky prescriptions for their products.

Professional Guinea Pigs and Big Pharma: An Interview with Roberto Abadie

Roberto Abadie is an anthropologist who has studied the experiences of people who get paid by pharmaceutical companies to take drugs in clinical trials. For the past two years, he has been a visiting scholar at the public health program at the Graduate Center of the City University of New York. His book, The Professional Guinea Pig: Big Pharma and the Risky World of Human Subjects, was published by Duke University Press last year. Monica Gagnon interviewed Abadie by email for CHW. An edited transcript follows.

CHW: What inspired you to launch an investigation into the ethics of clinical trials?

RA: In 2001, Ellen Roche, an employee at Johns Hopkins University, volunteered in a clinical trial for asthma. She suffered an adverse event (as adverse drug reactions are usually referred to) fell into a coma, and died at a local hospital a month later. She had received a few hundred dollars for her participation in the trial that resulted in her death. I realized then that while bioethicists have been debating the ethics of paying volunteers participating in the first phase of clinical trials where drug safety is assessed, no empirical studies documenting the volunteers’ experiences and motivations to volunteer had been conducted. I was especially concerned about those volunteers who earn a living by selling their bodies to test drug safety. Some professional guinea pigs (as they refer to themselves) I met have done 80 or more trials in the course of a few years. I wanted to know how much they knew about the risks they face as trial subjects but also how the prospect of monetary compensation affects their perception and disposition to volunteer.

CHW: What challenges did you face during your research into Big Pharma? Did they attempt to shield their practices (or their human trial subjects) from you?

RA: Big Pharma is not a very open industry and they try very hard to shield information about their practices. Of course, they won’t say they don’t want the public to know. Their argument is that everything related to the drug production process is proprietary information. By being secretive they are protecting their products and their shareholders. It was very hard for me to gain access to the industry side. I wanted to ask them questions about how they deal with the issue of risk during the first phase of clinical trials and what they do to ensure that research subjects are adequately protected. Unfortunately, I didn’t manage to reach them. One of the public sources of information about Big Pharma’s practices regarding Phase I trials, or any aspect of drug development for that matter, are the lawsuits that are brought against them. For example, the Vioxx case went to court and its records provided a great deal of information about how the industry thinks about risks, public health and profits. Unfortunately, few cases go to court; most are settled out of court, leaving valuable information hidden from the public view. Professional healthy research subjects I met with feared retaliation from the industry if exposed, but anonymity protected them well.

CHW: How do the participants in the trials you studied now think about the pharmaceutical industry?

RA: I studied a very particular subgroup of the ample universe of subjects that earn a living as professional guinea pigs in America. I focused on a group of white, male anarchists living in Philadelphia, a hotbed of clinical trials activity. While all professional research subjects share similar interests (make money from participating in the trials) and experiences of dehumanization and alienation, this group of anarchist guinea pigs has particular strong views against Big Pharma and also, not surprisingly, about the role of the government and the FDA (the agency in charge of overseeing the drug production process). These volunteers feel that the industry lies, not only because they enroll volunteers when they know they don’t meet all their admission criteria, but more importantly, they lie to the consumers by producing drugs that are not safe and effective, as the industry claims.

But despite their hostility towards the industry, they feel the trials they participate in are in general only moderately risky. First, they reason, they are scientific, controlled experiments where there is a lot of oversight. Second, adverse events are very rare in their experience and most of them had not experienced them. And finally, they believe that ethical regulations and the fear of lawsuits are enough to deter the industry from bad practices.

CHW: How are the health risks of clinical trials underplayed by Big Pharma?

RA: I think that the most important risk overlooked by the industry is the risk derived from the fact that trials depend on a group of professional guinea pigs, paid to test drug safety. These subjects consider their trial participation to be their job, a particular kind of trade where boredom, pain and dehumanization are exchanged for money. They do seven or eight trials a year, deriving a total estimated income of $20,000 in a good year. The problem is that the industry does not have a registry that tracks trial participation and might not be aware of the extent of the professionalization.

My concern is that continuous participation in the trial economy might expose trial subjects to unknown or unforeseen risks, some of which might show up 20, 30 or even more years later. The industry is under a lot of pressure to recruit and retain trial subjects and has no incentive to create a registry or implement any measure that would limit their ability to recruit trial subjects for the first phase of clinical trials.

CHW: What are the economic forces that drive pharmaceutical companies to use risky test strategies?

RA: In particular, considering Phase I clinical trials where drugs are assessed for toxicity and not therapeutic benefit, Big Pharma depends on a group of professional subjects to run the trials smoothly. Until the 1970s, drugs were first tested on prisoners. Willing, compliant and readily available, they represented the perfect captive research subject. But ethical concerns brought the practice to a halt. The industry had to find a replacement population for an increasing number of trials and started paying prospective subjects. Some started volunteering and become dependent on the income and habituated to the trial routines.

Market recruitment of trial subjects created a new economic category: the professional guinea pig. It works well for poor, vulnerable research subjects because it provides a flexible schedule with reasonable pay, and it is great for the industry because it offers a steady supply of bodies to test drug safety quickly and effectively. The underside is that this professionalization might expose these workers to occupational risks, something that other workers in mining or agriculture have also experienced and where risks are better documented.

CHW: To what extent has the FDA addressed these problems?  What has limited their effectiveness as a regulator of testing practices?

RA: The FDA only audits one percent of Phase I trials in America. And it is a paper trail kind of process, looking for protocol inconsistencies and especially missing cases where subjects unexpectedly are dropped from the research protocol. Of course they also pay attention to the reporting of adverse events. But this monitoring has severe limitations. First, they review a very small number of trials. Second, they never do on site inspections, ­going to the trial sites, looking at the working conditions, talking to research subjects, etc. Part of the explanation for this lack of enforcement is that the FDA does not have enough resources and manpower to do this kind of job.

But the main cause is that the FDA increasingly, since the 1980s, has taken the view that what is good for the pharmaceutical industry is good for the public and that speeding the drug development process would be a good thing because first, it would bring valuable drugs to consumers, but also would help American companies compete better in a global pharmaceutical landscape.

CHW: What is the crux of the relationship between risk and monetary compensation? Do you find that volunteers typically fully understand the risks of participating in these clinical trials?

RA: The research subjects I studied are well informed about risks but this does not mean that they make good decisions about whether they should enter a trial or not. For example, they know that psychotropic drug trials are risky and they try not to volunteer for them. But this is one of the fastest growing sectors in drug development and a big producer of blockbuster drugs for the industry. Big Pharma needs to test the safety of these drugs, and knows that subjects are reluctant to mess up their mind, as they have told me, taking them. What would the industry do then? Simple, they just offer the highest pay, from $5,000 to $10,000 for a few weeks as a trial subject. Most subjects I interviewed admitted that they thought these trials presented a high risk but were tempted by the money and had done at least one.

CHW: Do professional guinea pigs often rely on money from test trials as their primary income? If so, why is this particularly problematic?

RA: They do. For most of them, trials are their main, and in many cases only, source of income. They can earn around $20,000 a year and sometimes even more. I find this practice extremely problematic because Big Pharma uses money strategically to recruit and retain research subjects who otherwise would have no interest in participating in the trial economy.  Research subjects are vulnerable because they depend on the income generated from the trial and that leads them to accept poor working conditions or risks they would not accept otherwise. Of course, the industry knows this and that’s why they use money to lure people and to keep them participating.

CHW: In what ways are the rights of human test subjects protected (or not)?

RA: Ethical regulations regarding the participation of human subjects in research have evolved a great deal since the horrors of the WWII. We have now a number of regulations that protect subjects like the requirement of informed consent before a subject enrolls in a trial. And civil law also affords protections against any wrongdoing or harm that occurs during the trial. Still, the consent form requirement is seen by professional guinea pigs as a formality, a paper to be signed among others in order to enter the trial. In most cases they make their decision about entering a trial before they get to sign the consent form. And legal recourse is expensive and might be out of reach for most subjects, unless they die or experience devastating adverse events, in which case the prospects of financial gain can lead skilled lawyers to volunteer in the case

CHW: Have you come across any particularly unique stories of people who have had negative (or positive) health effects from these trials? Please describe.

Roberto Abadie

RA: There are no positive health effects from healthy research subjects testing drug safety in the first phase of drug development. These tests are designed to assess the toxicity of a drug, not its efficacy and thus no health benefits are expected. Negative health effects or adverse events are rare. While most of the subjects I encountered had experienced some discomfort, fainting, nausea or other symptoms, they had not faced serious adverse events. In 2006, a trial sponsored by Parexel in England left research subjects with very serious injuries and opened a public debate about the professionalization of Phase I trial research in Europe and the need to create a centralized registry to track participants involvement in this trial economy.

CHW: How do you suggest that Big Pharma change its practices and policies regarding human subjects?

RA: Since there is no centralized record tracking the participation of research subjects in Phase I trials in America, nobody knows for example if a subject is doing two trials at the same time, or if a subject is not complying with the mandatory 30-day wash-out period in between trials. As I mentioned in the previous question, such a registry was recently implemented in Europe when it was found that trial subjects in drug safety trials were trial hopping, doing for example a trial in Ireland, then another one in England, one immediately after in Germany and a subsequent one in France. A centralized registry would prevent this from happening in the US as well. Such control would slow the recruitment rate of research subjects, delaying the completion of Phase I trials, and that’s why Big Pharma has been opposed to its implementation.

CHW: What are the broader public health implications of this practice of the pharmaceutical industry, and what can be done about it?

RA: The lack of a centralized registry tracking the participation of professional research subjects in Phase I trials endangers the research subjects because it exposes them to dangerous drug interactions. But it also challenges the validity of the trial itself because its findings become compromised if researchers cannot tell with certainty that their results are not contaminated by a different drug that is being surreptitiously taken by the research subject, enrolled simultaneously in two different trials. This is a very serious development because it compromises the quality and efficacy of drugs millions of people depend on for their health care.

The lack of a centralized registry, but also of adequate FDA control regarding the first phase of clinical trials speeds up drug production and contributes to making Big Pharma one of the most profitable industries in America. But increasingly we find new evidence that the pharmaceutical industry’s continuous search for profits and public health interests are not on the same page. We need to step up the oversight on this industry, from government, of course, but also from citizens and consumer groups. In particular, journalistic exposes have contributed to documenting outrageous cases of abuse and exploitation of research subjects in Phase I trials, like the case of undocumented Latino immigrants being recruited in a facility in Florida a few years ago, or poor, African-American homeless men with alcohol and drug related issues recruited at a site in the Midwest. Such cases, when exposed through the press, generate a public relations nightmare for these companies. When they are touched in their pocket books, these companies have shown they can do the right thing.

Image Credits:

1.     Duke University Press

2.     epSos.de via Flickr

3.     AuntieP via Flickr

4.     Roberto Abadie

5.     MedIndia