Ad Group Refers Synergy Claims to FTC

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The Better Business Bureau’s National Advertising Division (NAD) has referred advertising claims made by Synergy Pharmaceuticals to the Federal Trade Commission after the drug company declined to participate in a NAD proceeding. NAD says the Synergy claims for its Trulance (plecanatide) chronic idiopathic constipation prescription drug made in online advertising, medical journals, and printed waiting room advertising, as well as through sales representative detailing, were challenged by Allergan.

Allergan challenged several specific advertising claims and also said that the advertising implied that Trulance can be used without the risk of diarrhea and is superior to its Linzess(linaclotide).

Synergy denied Allergan’s characterization of its claims, NAD says, and said that FDA has primary jurisdiction for the advertising and promotion of prescription drug products and is uniquely positioned to evaluate prescription drug advertising.

NAD says it determined that the challenged claims are within its purview, noting that it is charged with ensuring that advertising claims, in the context in which they appear, are truthful and accurate such that consumers can make informed purchasing decisions.

“While FDA has jurisdiction over the advertising and promotion of prescription pharmaceutical products, FDA jurisdiction does not preclude NAD from providing self-regulatory guidance on the challenged advertising, particularly whether the challenged advertising for Trulance communicates a misleading message about competing products,” NAD says.

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