Bayer DTC Materials Run Afoul of FDA

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FDA has issued an untitled letter to Bayer HealthCare Pharmaceuticals, citing misleading direct-to-consumer advertising for its prostate cancer drug Nubeqa. In the letter, FDA’s Office of Prescription Drug Promotion said a YouTube video and a Spanish-language television advertisement for Nubeqa omit key safety information and fail to present risk disclosures in a manner consistent with regulatory requirements.

According to FDA, the promotional pieces emphasize the drug’s benefits while inadequately conveying the seriousness of potential adverse events. Although the ads include a general statement that Nubeqa “may cause serious side effects, including heart disease and seizure,” the agency said they omit critical details from the FDA-approved patient information.

Specifically, FDA noted that the ads do not adequately disclose that ischemic heart disease associated with the drug can be fatal or that seizures may require patients to avoid activities where sudden loss of consciousness could pose a risk to themselves or others. The omission of these details creates a misleading impression about the drug’s safety profile, the agency said.

The letter also highlights technical deficiencies in how risk information is presented. FDA found that the ads fail to meet “dual modality” requirements, meaning that key risk information conveyed in audio is not simultaneously presented in text. In addition, the agency said the use of fast-paced visuals, frequent scene changes, and attention-grabbing graphics during the major statement interferes with viewers’ ability to comprehend risk information.

FDA has asked Bayer to cease dissemination of the violative materials and to respond within 15 working days, outlining steps to address the issues and identifying other promotional communications that may contain similar deficiencies.

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