James Potter, the executive director at Coalition for Healthcare Communication (CHC), has rose-colored glasses on.
Both literally and figuratively: That’s how he introduced his appearance on a panel at Fierce Pharma Week in Philadelphia this week, with a cheeky fashion choice he said felt appropriate “for this administration.”
Potter joined Alan Minsk, a partner at Arnall Golden Gregory, and Erin Monaco, Bausch Health’s executive vice president of regulatory advertising and promotion, to talk policy, politics and pharma in a Tuesday discussion moderated by Fierce Pharma’s Fraiser Kansteiner. With federal policy targeting direct-to-consumer pharmaceutical advertisements increasingly threatening to materialize, the topic couldn’t have been timelier.
On the same day as the panel, President Donald Trump inked a memorandum directing the FDA to rein in DTC ads. Meanwhile, the FDA separately pledged to crack down on deceptive drug ads, sending out “thousands” of letters warning companies to remove their “misleading ads,” plus roughly 100 more “cease-and-desist” letters.
Robert F. Kennedy Jr., secretary of FDA parent agency the Department of Health and Human Services, has long been pushing for a ban on DTC drug ads, including making it a key part of the campaign platform for his ill-fated 2024 bid for the presidency. In his current role heading up health policy for the Trump administration, under his “Make America Healthy Again” (MAHA) crusade, RFK Jr. hasn’t let up.
Broad drug ad policy concerns stretch across the aisle in D.C., possibly representing “the one thing [Senator] Bernie [Sanders] and RFK Jr. have in common,” Potter noted during Tuesday’s discussion.
And, if lawmakers have it their way, cracking down on drug marketing would extend far beyond TV commercials: “If you think it’s just television, think again,” Potter said, quoting a tip he received shortly after the election that indicated digital and social media marketing would be in Trump and RFK Jr.’s crosshairs as well.
He noted, however, that the Supreme Court has existing precedent on the matter and has established some protections for commercial speech under the First Amendment. The CHC exec has repeatedly reminded stakeholders of that defense as one piece of a wider strategy to “get out and start talking about this.”
Indeed, as the threats against DTC ads stack up, Potter and the CHC have been mounting their defense. The organization has already organized a well-funded legal defense and accessible research-backed talking points to help the industry stand its ground.
“It really is framing what you do every day, why you do it, how you help patients, how our industry really impacts good for patients, how it helps them,” Potter said. “If we don't start talking back, then we will be framed by MAHA. Don't let that happen.”
He also waved off any executive orders related to drug advertising, urging healthcare marketers to “keep doing what you’re doing” despite them. The government would need new legislation to enforce any policies proposed in an executive order, so the threats shouldn’t be “as big and scary as you think it could be, because they don’t have the teeth to do it,” according to Potter, who dismissed the president’s prolific executive orders as “glorified press releases.”
“Don’t lose your head just because of the pressure,” he advised. “Know what your job, what your mission is, and focus on that.”
Minsk, whose job involves advising companies on FDA-related issues, cautioned that the FDA’s own staffing shortages after thousands of layoffs limit its enforcement muscle, especially in the Office of Prescription Drug Promotion.
To put it bluntly, morale “sucks” over at the agency, Minsk said. “You lost a lot of senior people,” and junior reviewers may be more reluctant to take “certain risks,” he pointed out.
Still, with the negative attention currently on pharma ads, healthcare marketers could afford to be extra conscious to dispel the narrative that their promos are harmful.
While TV ads are often “very educational” and serve a “good purpose,” Monaco said, slip-ups like airing a “sexy” ad during the day when children could be watching, for example, isn’t the best look. Overall, she suggested that the industry do “what we can” to put itself in a better light.