A Battle Over DTC Advertising In Canada
7 CommentsBy Ed Silverman // June 4th, 2008 // 9:32 am
CanWest Mediaworks, Canada’s largest newspaper publisher and owner of more than 30 TV stations, is suing the federal government for not permitting DTC ads for prescription drugs, arguing the ban breaches freedom of expression under Canada’s Charter of Rights and Freedoms, PharmaTimes writes. A three-day hearing begins June 16. (Look here for affidavits and other background).
Like other countries, except the US and New Zealand, Canada does not permit DTC for meds. But CanWest believes the prohibition places it at a competitive disadvantage to US publications sold on Canadian newsstands, because this prevents it from selling ad space to drugmakers. CanWest also notes that Canada permits OTC meds to be advertised consumers, although these carry risks.
CanWest launched its challenge in December 2005, but recently various organizations obtained party status to oppose the suit, including groups representing public employees, workers in the communications, energy and paper industries, nurses and patients, among others. “Obtaining party status for such a diverse group is something of a breakthrough – it means that we can call our own witnesses and cross-examine,” says Canadian Union of Public Employees.
Another group, Women and Health Protection, points out that drugmakers, and not the media, are being prevented from advertising their products. So, the group asks, why are drugmakers not suing the government? In 1996, Merck Frosst argued in a position paper delivered to Health Canada that the DTC ban was limited freedom of expression guaranteed under the Charter of Rights, but its position has been based on a decision that year on tobacco advertising.
“Since then, no drug company has launched a Charter challenge on DTCA. Perhaps this is because it would be a public relations disaster if pharmaceuticals were linked to tobacco as the two industries that challenged public health restrictions on advertising,” says Women and Health Protection.
Bruce
Ed,
This has been a discussion for years. But if Canada doesn’t allow DTC ads, how come I have seen Viagra ads for years? Twinrix ads? Gardasil? etc.
There hasn’t been that much of an uproar in Canada since Canadian physicians are much more conservative than in the US. That is, of course, if you have a physician. But that is a topic for another day.
But if a Canadian is watching a simultaneously run American TV show, they will sometimes see the US commercials instead of the Canadian ones that are supposed to take their place. I know I have seen US DTC ads many times, especially on the lower rated cable shows.
Just my two cents. Enjoy dinner!
Ed Silverman
Hi Bruce,
I’d have to check with the Canadian regulators, since I can’t say I know the answer to your question. I’m assuming you’ll tell me you were in Canada watching a Canadian channel when you saw the ad. I’ve not been there lately myself, so I’ll have to inquire.
Cheers
ed
Nat
I am in agreement with Bruce. We see American drug ads here all the time.
In fact, I used to promote a PPI (proton pump inhibitor for acid reflux), and I would often hear physicians say that they prescribed Nexium to their patients because their patients requested it by name, or they requested the “purple pill” that they saw advertised on TV in Canada. Funny thing, here in Canada, Nexium is pink!
I am in full support of promoting drugs DTC, with fair balance of course so that patients are fully aware of the potential side effects. I doubt it will happen for many years to come though.
Bob Freeman
Someone correct me if I am wrong, but I recall DTC ads were blocked and subsituted with “regular” ads until 9 PM local time. Also, I believe it’s American channels on the border (Buffalo, Windsor, etc) carried on Canadian CTV that are the source of ads. Someone else mentioned that independent network programming (LifeTime, USA Network, etc.) doesn’t fall under the regs.
in BC
The cable system here in Vancouver is about 1/2 & 1/2 american networks vs. canadian sources and I know there are many drug DTC ads that run although can not say notice which channels or that I pay much attention to them anyway. I know some US commercials are blocked during certain shows (get substituted). In particular, we had to watch the new Super Bowl commercials on-line since they did not run during the game. Bob may be correct about a time block removal but usually we end up watching eastern feeds on many shows.
Sam
Whether you see DTC ads in Canada or not, PHARMA spends $4.8 billion a year for these ads. The cost for a purple pill or Viagra is so over priced it should
be investigated. It is ridiculous for a lay person to dictate what drug they want
based on an DTC ad. If I go to a physician because I am suffering from a
medical condition, I would want his/her expert opinion as what is the best
way to treat my condition.
One of the biggest health problem in this country is that too many people
depend on “taking a pill” instead of changing their life style.
Pete
Bruce, Ed,
The reason that you see Viagra ads and others is that Candian pharma companies can advertise directly to consumers. They are allowed to advertise the brand name, or they can talk about a medical condition without mentioning the brand name.These are the “if you have theses symptoms talk to your doctor” kind of ads. Quite often it is not obvious who is sponsoring these ads but pharma spends big bucks “creating diseases”.
They cannot link these two messages together. That’s why the message in the Viagra ads does not include what the drug is for - does anyone not know?. Vaccines are not covered by the same regulations as other drugs so they can be advertised directly to consumers without the same restrictions.