• by Erik Sass  @eriksass1, June 14, 2007

Another kind of direct-to-consumer advertising about pharmaceuticals is coming under scrutiny--but this time it's the other side of the debate catching the heat. Lawyers' ads that publicize possible side effects of certain anti-psychotic medications as part of calls to personal injury litigation are causing patients to go off the drugs, according to Eli Lilly and Co., which said the findings are based on a survey of 402 psychiatrists who have prescribed one particular drug, Zyprexa, to their patients.

Over half the psychiatrists who responded to the online survey said some of their patients had stopped taking their medication, or began taking smaller than the prescribed dose, after seeing legal ads that highlighted the risk of side effects including diabetes. Eli Lilly faces thousands of lawsuits over the side effects, which critics say aren't adequately described on the medication's packaging.

Now, however, a counter-trend seems to be emerging, with law firms seeking new clients producing ads that place undue emphasis on the side effects, which affect about 1 out of every 100 patients taking the anti-psychotic medication. While this number is high, many doctors consider it an acceptable risk in combating hard-to-treat diseases like bipolar disorder and schizophrenia. Over the years, many of the drugs prescribed for these diseases have also carried the risk of significant negative side effects.

Ironically, the Eli Lilly finding comes in the midst of a heated debate over direct-to-consumer advertising by big pharmaceutical companies that is also criticized as misleading, and in many cases, unduly alarming.

With the possibility of legislative action as early as this September, including a possible three-year moratorium on DTC ads, advertisers and publishers are countering these claims with a publicity push centered on new findings showing that most consumers who see DTC ads are not persuaded they have the disease under discussion, as critics claim.

In mid-May, Cary Silvers, Rodale's director of consumer and advertising trends, presented a variety of data from Rodale's 10-year longitudinal studies debunking some of the most prevalent criticisms about DTC ads. Rather than encouraging consumers to put pressure on their doctors, Silvers argued, DTC ads are seen for what they are--marketing messages that may or may not provide useful information. Rodale's study suggests that DTC ads spur consumers to do more research on the subject, with 47% of respondents saying they encouraged them to "seek more information" about the drug, and 27% saying they prompted them to have a conversation with their doctor.