FTC Questions Ads for Drug Company Lawsuits
The Federal Trade Commission (FTC) has written to seven unidentified legal practitioners and lead generators expressing concern that some TV ads soliciting clients for personal injury lawsuits against drug manufacturers may be deceptive or unfair under the commission’s law. A commission news release says the letters state that some lawsuit ads may misrepresent the risks associated with certain drugs and could leave consumers with the false impression that their doctor-prescribed medication has been recalled. According to the letters, some of the lawsuit ads may make deceptive or unsubstantiated claims about the risks of taking blood thinners and drugs for diabetes, acid reflux, and hypertension, among other conditions. The letters say that advertisers must have competent and reliable scientific evidence to substantiate their claims about purported risks.
According to FTC, the FDA adverse event reporting system has reports of consumers who saw lawsuit ads about the drugs they were taking, discontinued the medications, and suffered adverse consequences as a result. The letters say that lawsuit ads that cause, or are likely to cause, viewers to discontinue their medications might constitute an unfair act or practice. To prevent consumer injury, FTC says, lawsuit ads may need to include clear and prominent audio and visual disclosures stating that consumers should not stop taking their medications without first consulting their doctors.
The letters also highlight lawsuit ads that open with sensational warnings or alerts that FTC says may initially mislead consumers into thinking they are watching a government-sanctioned medical alert or public service announcement. They remind the recipients that advertisements promoting goods or services should be identifiable as advertising from the beginning.