When it comes to marketing, Big Pharma has always had a tough row to hoe. Due to the nature of their products, pharmaceutical companies are burdened with much more stringent guidelines for how their drugs can and should be marketed, what’s allowed, and what’s not. Though the fairness is continually debated, it does make sense for pharmas to be met with such restrictions, since, in many instances with specific drugs, the public’s lives could be at risk.

Today it has become even tougher for pharmas to compete in the online marketplace, thanks to new restrictions placed on paid search and display ads. On March 26, 2009, the Food and Drug Administration issued 14 warning letters to the major players in the pharmaceutical industry, including Glaxo Smith Kline, Bayer Healthcare, Johnson & Johnson, Pfizer, Merck & Co., and Hoffman-LaRoche.

Fair Balance

But are pharmaceutical companies being treated unfairly by the FDA? In an article for AdAge, Marissa Miley writes:

“To date, the FDA does not have specific guidelines for advertising in the digital realm. Instead, it has general guidelines that apply to all media — namely, that any representations or suggestions about the effectiveness of a branded drug must be accompanied by information about that drug’s risks.”

As an internet user, you typically view the drug ads you’re interested in, and then click through to find the warnings, drugs effectiveness, risks, etc. (termed “fair balance”). So, along with the FDA’s general media guidelines, one would think the “one-click” approach to accessing this information should be sufficient. This is easier than viewing the pertinent detail on the packaging that the product comes in from the pharmacy. With product packaging, you do not see the warnings and detail at first glance. So why, then, does the FDA want to require paid search to be different than actual drug packaging? You have to look inside your prescription bag for the “fair balance” upon purchase. In other words—it’s not right there in front of your eyes, at first glance.

As Arnold Friede, counsel at the firm of McDermott, Will & Emery, writes in his recent post for Eye on FDA:

“Every reasonable person knows that clicking on the sponsored link takes you to additional and contextually integrated information. It’s like going beyond the front page of the newspaper to get to the rest of the story. Everyone knows you’ve got to the turn the page, and they tell you as much…”

And that’s the truth. Every online shopper knows if you want more detail or information about the product being advertised online, simply click through. One click. It’s as simple as that. You’ll receive more information than you’ll ever need.

What’s Big Pharma To Do?

1. The return of the original “reminder ad.”
   
2. Increased use of unbranded URLs.
   
3. Development of unbranded sites.
   
4. Boost in content integration and advertorial sponsorships.

Our Web Ad.vantage pharmaceutical expert commented on the strategies outlined above and feels that the reminder ad is the only strategy that will be accepted by the FDA’s current strict guidelines, interpreting the FDA guidelines to cover all media, including digital. As it stands today, the FDA does not intend to modify their current stance on pharmaceutical media regulations, so online pharma campaigns should make every effort to adhere. We’re waiting to see what the FDA comes up with next.

Update: Here’s a look at how one company is already responding to new restrictions in an ad for depression medicine Cymbalta found on WebMD.com:

Notice the Important Safety Information displayed right inside the ad itself (versus having to click-through the ad to access this information), as well as the prominent boxed warning.