California Dreaming: Pharma Evades Gift Rules

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fine-dining.jpgThe Golden State passed a bill four years ago that made binding PhRMA’s marketing guidelines and requires drugmakers to set an upper limit on the dollar value of gifts they could give to a doc in a given year. To prove compliance, drugmakers must provide a plan, choose and abide by annual per-doctor gift limits, and post the info on their web sites declaring they’re in compliance.

But in a new report, Calpirg, a consumer advocacy group, claims that the limits are riddled with exceptions, and that some drugmakers have evaded even the least restrictive limits on their marketing. “These requirements took effect on July 1, 2005,” writes CalPirg. “Nearly three years later, because of SB 1765, we now have a better sense of the scope of the problem of drug company marketing to doctors – and how it is getting worse.”

What did they find? Some drugmakers fail to count some meals and other payments as “gifts,” and therefore claim these aren’t subject to any limit; some reserve the right to exceed limits if they choose to do so; others assert they are following a limit, but don’t disclose what the actual limit, while a few fail even to post their policies at all; and since 2005, five of the biggest drugmakers raised their limits, by an average of $1,100 per doc per year.

“It’s disappointing that the drug industry hasn’t even been able to comply with their own rules,” says Mike Russo, Calpirg’s health care advocate, in a statement. “We urge the Attorney General to investigate our findings, and take appropriate action to make sure these companies follow the law.”

Hat tip to Pharmagossip

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  1. There is an old saying, “If you build a better mouse trap, the world will beat
    a path to your door”,

    Evidently PHARMA is not and they have sales reps who must bribe physicians
    to write for their drugs. It has been estimated that it cost PHARMA $57 BILLION
    a year to market their drugs. No wonder healthcare cost soar to new heights.

    Sam

  2. Who are we kidding? BigPharma will never, and I mean NEVER give up their nasty ways.They are so hooked on them and the results of using them are so effective and seductive that there is no size of fine or even jail (they know it is out of question they will be jailed) that would stop the use of misconduct as it is called even in their own codes of conduct. “Gifts” are small change in this game. At one time Novartis of Canada was paying (bribing)top specialists anywhere from $5.000 to $25.000 Canadian dollars (same as USA nowdays)to prescribe their Diovan over the competition. For ever dollar taken for “special projects” like paying their nurse with Novartis’ money, the doctor had to give “verbal agreement” he (usually he for lady docs are not so easy to bribe) would write new Rxes in the amount of 3-5 times for maney taken. Example: $5000 = 15.000- 25.000 in new, additional value in Diovan Rxed.
    Most high prescribing docs “opted” for the $25.000 deal. Some gift? This kind of gift giving was not only against the laws of the country but also against the NP-4, Novartis’ own codes of conduct.
    The first person or a legal body that finds the way to stop this insanity, will get the Nobel prize for sure.

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