Off-label Promo Guidance Urged by Health Affairs
A Health Affairs blog post urges FDA to publish guidance on off-label promotion in the wake of recent First Amendment court cases that have questioned the agency’s authority to regulate off-label information. “Given the competing interests of patient health, access to information, drug safety, and the financial interest of the pharmaceutical industry, the FDA should have complete authority to provide guidance for off-label promotion in order to ensure the safety and efficacy of drugs,” the post says. “Regardless of one’s view of the practice, using the First Amendment to sort out difficult questions of off-label promotion skirts the deeper questions about these competing interests.
The blog post reviews recent FDA court losses, particularly the Amarin decision (see story)affirming the company’s ability to disseminate off-label communications, including journal reprints, to health care professionals, as long as the communications are truthful and non-misleading. “If the outcome in Amarin extends to direct-to-consumer advertising, or to claims with an inconclusive scientific basis, it threatens to undercut the mandate of and trust in the FDA,” the post says. “Undoubtedly we can anticipate further case law to delineate proper uses of the First Amendment in this context. The courts ought to exercise discretion and sound judgment, keeping the health of the public in mind as the ultimate goal.”