This is so bizzare. You may recall one of my earlier posts regarding The Delphi Centre in Melbourne, Australia - they were allowing GlaxoSmithKline (and others) to blatantly advertise Aropax on their webpage. See HERE & HERE
I wrote to the Therapeutic Goods Administration (TGA) - I think they are the equivalent of the MHRA and the FDA.
Now either the TGA are lying to me or are about as useful as a chocolate kettle!
Here is the email I received and underneath my subsequent response.
----- Original Message -----
From: TGA.Advertising@tga.gov.au
To: fiddaman
Sent: Wednesday, September 05, 2007 1:01 AM
Subject: Fw: Disgraceful behaviour [SEC=UNCLASSIFIED]
Dear Mr Fiddaman,
Thank you for your email of 4 September 2007. Upon review of the Delphi Centre homepage today, all advertisements for the product "Aropax" appear to have been removed.
For your information, the Therapeutic Goods Administration (TGA) administers the Commonwealth Therapeutic Goods Act 1989 (the Act) and the Therapeutic Goods Regulations (available at www.tga.gov.au) which apply to therapeutic goods, and aim to ensure their quality, safety and efficacy. We do not have any regulatory control over sponsorship arrangements by drug companies provided individual products are not promoted. Thank you again for bringing this matter to the attention of the TGA.
Regards
Susan Anido Advertising Unit
Therapeutic Goods Administration
and my response...
----- Original Message -----
From: "fiddaman" fiddaman
To: TGA.Advertising@tga.gov.au
Sent: Wednesday, September 05, 2007 3:09 AM
Subject: Re: Disgraceful behaviour [SEC=UNCLASSIFIED]
Are you lying to me or do you just have incompotent staff?
It's just gone 3am here in the UK and a quick glimpse of the webpage shows that GSK are still blatantly advertising Aropax here -http://www.delphicentre.com.au/conference/sponsors.htm
I've taken 3 snapshots of the webpage too - see attached. What are you going to do about this?
Sincerely
Mr Robert Fiddaman
It is clear that both GlaxoSmithKline and the Delphi Centre are breaking the Australian Advertising law '
Therapeutic Goods Regulations (available at www.tga.gov.au) which apply to therapeutic goods, and aim to ensure their quality, safety and efficacy. We do not have any regulatory control over sponsorship arrangements by drug companies provided individual products are not promoted.
What on earth is going on here?
I wonder if there's some sort of device that directs visitors from Australian IP addresses to a "compliant" version of the web pages? This is interesting, Fid, because if the above is the case, then GSK has presumably made a premeditated effort to market its drugs DTP, but not to the Australian public - everybody else's public, instead.
ReplyDeleteSeems like a bit weird of a weird approach, unless the Delphi Centre gets significant hits from outside Oz, that is, and as such represents a valuable marketing opportunity. I think it might be worth following this up, because if there is more than one Delphi Centre site, then it suggests that GSK is attempting to circumvent DTP advertising of drugs laws. In Europe, at least.
No excuse for that, because if there's a "clean site" for Australians, and another for "others", then those with European IP addresses should get directed to the Australian version. Perhaps a word with MHRA, Trading Standards and ABPI would be in order (whereupon we can be told that this is none of their business)?
Matt
It' 7th September here in Oz and the ads are still up and visible from my IP address here in Sydney. They are advertising Aropax, Effexor, and Avanza. I have started to spread the word among Australian activists.
ReplyDeleteAussie readers can take advantage of a 1800 freecall number nationwide to the TGA 1800 020 653 (freecall) Let's get onto this everyone in Oz
Magi
I think you will find that naming drugs in advertisements on websites has been legal in Australia since we negotiated the US Free Trade Agreement (boo hiss!) It was done prior to that as well, because the regulations were written before the advent of the internet.
ReplyDeleteFor your information, the Therapeutic Goods Administration (TGA)
ReplyDeleteadministers the Commonwealth Therapeutic Goods Act 1989 (the Act) and the
Therapeutic Goods Regulations (available at www.tga.gov.au) which apply to
therapeutic goods, and aim to ensure their quality, safety and efficacy.
We do not have any regulatory control over sponsorship arrangements by drug
companies provided individual products are not promoted.
Fid
Good on you for having a go, but this is what you're up against -
ReplyDeleteIn Australia, we have put Dracula in charge of the blood-bank when it comes to the practicalities of the regulation of prescription drug advertising. Medicines Australia, the industry association, is allowed to "self-regulate". It has a Code of Conduct which is reviewed at intervals by the Australian Competition and Consumer Commission, and a mechanism for reviewing complaints and applying pretty paltry sanctions.
Recently, reference to web-sites was added to the Code, and the FAQs on Medicines Australia's site state this:
---------------------------
INTERNET
Can a pharmaceutical company provide information on the Internet about prescription medicines?
Companies may provide medically and scientifically valid information about medicines on websites, however the information must not promote prescription medicines to the general public.
A brief non-promotional summary of a company’s medicines available in Australia can be included on a company website.
Companies may provide information to patients already prescribed a prescription medicine via a password protected website.
Companies may provide information intended for healthcare professionals via the Internet, however if this information should be via password protected website.
For further information please refer to Sections 3 (healthcare professionals) and 9 (general public) of the Code.
--------------------
The URL for the Code is:
http://www.medicinesaustralia.com.au/pages/page16.asp
For info re making a complaint:
http://www.medicinesaustralia.com.au/pages/page17.asp#anchor8