$24.95 CURRENT EVENTS | BUSINESS Profi ts before People? Weber An effort to understand the proper In a radical departure from previous place of commerce in disseminating practice, television ads for prescription information about new drugs, the book drugs have become common, even for aims to clarify basic responsibilities and drugs whose therapeutic use is never Ethical Standards help to identify good ethical practices. stated in the ad. A few of these pro- It recognizes that ethics and law are A searching examination of the motional blitzes have been followed not the same, that “having a right” is and the by news that the drug in question has different from “doing the right thing,” business ethics of big Leonard J. Weber been withdrawn due to dangerous side and that taking ethics seriously means effects. What’s going on here? Marketing of recognizing that the law does not pharmaceutical companies The pharmaceutical industry and its answer all questions about what is Prescription Drugs practices have come under intense right. It points the way to more P criticism in recent years. One poll demanding standards and better r found that 70 percent of the indivi- practices that might begin to restore o duals sampled agreed that drug some confi dence in the drug industry. fi companies put profi ts ahead of “Business ethics has an essential contribution to make to the people. Is this perception accurate? ethics of health care. Weber’s fi ne volume illustrates how t Have drug companies traded ethics signifi cant that contribution can be.” s for profi ts and placed people at risk? —Howard Brody, M.D., Ph.D., author of The Placebo b Response and Stories of Sickness In this book, Leonard J. Weber exam- e ines the practices of the pharmaceutical f industry that have raised such ethical “Pharmaceutical companies have a clear and simple duty o concerns. Providing systematic ethical to avoid harm and the risk of harm. Weber’s elaboration r analysis and refl ection, he discusses of the implications of this duty constitutes not so much a e such practices as compensating condemnation of the industry as a challenge to live up to this physicians for serving as speakers social obligation. As its mass media image indicates, the P or consultants, providing incentives pharmaceutical industry has problems recognizing its public e to physicians to enroll patients as After more than 30 years on the faculty responsibility. Taking Weber’s ethical perspective seriously o subjects in clinical research, and of the University of Detroit Mercy, would be a giant step forward.” p advertising prescription drugs to Leonard J. Weber is now an ethics —Robert T. Hall, Ph.D., Adjunct Associate Professor of l the public through the mass media. consultant to healthcare organizations. Medicine, West Virginia University e Weber’s critique of the industry is Most recently he published Business ? stern. While acknowledging that new Ethics in Healthcare (Indiana University industry guidelines are promising, he Press, 2001). fi nds much room for improvement in the conduct of the drug companies in Bioethics and the Humanities marketing their products. Yet Weber Eric M. Meslin and Richard B. Miller, editors makes a strong case that profi ts and INDIANA ethics are not antithetical. University Press http://iupress.indiana.edu INDIANA Bloomington & Indianapolis 1-800-842-6796 Cover photo © Corbis Introduction i PROFITS BEFORE PEOPLE? 00ProfitsBeforeFM.indd 1 1/31/06, 10:55 AM ii Introduction LEONARD J. WEBER Bioethics and the Humanities PROFITS BEFORE Eric M. Meslin and Richard B. Miller, editors PEOPLE? ETHICAL STANDARDS AND THE MARKETING OF PRESCRIPTION DRUGS Indiana University Press 00ProfitsBeforeFM.indd 2 1/31/06, 10:55 AM Introduction iii LEONARD J. WEBER PROFITS BEFORE PEOPLE? ETHICAL STANDARDS AND THE MARKETING OF PRESCRIPTION DRUGS Indiana University Press 00ProfitsBeforeFM.indd 3 1/31/06, 10:55 AM iv Introduction is book is a publication of Indiana University Press 601 North Morton Street Bloomington, IN 47404-3797 USA http://iupress.indiana.edu Telephone orders 800-842-6796 Fax orders 812-855-7931 Orders by e-mail [email protected] © 2006 by Leonard J. Weber All rights reserved No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher. e Association of American University Presses’ Resolution on Permissions constitutes the only exception to this prohibition. e paper used in this publication meets the minimum requirements of American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. Manufactured in the United States of America Library of Congress Cataloging-in-Publication Data Weber, Leonard J., date Profits before people? : ethical standards and the marketing of prescription drugs / Leonard J. Weber. p. ; cm. — (Bioethics and the humanities) Includes bibliographical references and index. ISBN 0-253-34748-3 (cloth : alk. paper) 1. Pharmaceutical industry—Moral and ethical aspects—United States. 2. Marketing—Moral and ethical aspects—United States. [DNLM: 1. Drug Industry—ethics—United States. 2. Drug Industry—economics—United States. 3. Marketing—ethics—United States. 4. Pharmaceu- tical Preparations—United States. QV 736 W374p 2006] I. Title. II. Series. HD9666.5.W43 2006 174'.96151—dc22 2005027198 1 2 3 4 5 11 10 09 08 07 06 00ProfitsBeforeFM.indd 4 1/31/06, 10:55 AM Introduction v To MMW 00ProfitsBeforeFM.indd 5 1/31/06, 10:55 AM vi Introduction Contents Acknowledgments ix Introduction 1 PART ONE THE LIMITS OF 1 Ethics and For-Profit Business 11 COMMERCIAL INTERESTS 2 e Pharmaceutical Industry and Its 24 Stakeholders PART TWO MARKETING TO 3 Drug Companies and Healthcare 37 HEALTHCARE Professionals: e Ethics Agenda PROFESSIONALS 4 Medical Professionalism and Scientific 53 Integrity 5 e Industry’s Code: Not Good Enough 66 6 Drug Samples: e Most Important 82 Gifts 7 Marketing Is Not Objective Education 93 8 Medical Education: Industry at Arm’s 106 Length 9 Clinical Research and the Limits of 119 Commercial Interests 00ProfitsBeforeFM.indd 6 1/31/06, 10:55 AM Introduction vii PART THREE MARKETING TO 10 Citizens and Consumers 143 THE PUBLIC 11 Direct-to-Consumer Advertising: 157 Conflicting Interests 12 Direct-to-Consumer Advertising: 170 Better Is Better Conclusion 182 Notes 185 Index 199 00ProfitsBeforeFM.indd 7 1/31/06, 10:55 AM viii Introduction 00ProfitsBeforeFM.indd 8 1/31/06, 10:55 AM Introduction ix Acknowledgments I am indebted to many individuals for supporting this project and for assistance in completing the manuscript, including Rob- ert Hall, Carol Bayley, Michael McManus, Jessica Seck, Margaret Weber, and Gloria Albrecht. ank you. I am particularly grateful to omas Schindler for repeated and careful review of the manu- script and for very helpful advice. e School of Business at Gonzaga University provided the op- portunity to begin to identify the issues addressed in this book by permitting me to teach a short course to MBA students on “Eth- ics and the Pharmaceutical Industry” while a Visiting Professor of Business Ethics in 2002–2004. e faculty “phased retirement program” at the University of Detroit Mercy made it possible for me to complete this project upon my return. Working with different healthcare organizations as an ethics con- sultant has required that I apply ethical perspectives and analysis to a variety of issues and situations. In the process, I have learned that the most important contribution that an ethicist can make is to keep the focus on high ethical standards. I have attempted to apply that lesson here. 00ProfitsBeforeFM.indd 9 1/31/06, 10:55 AM