For Immediate Release   
March 1, 2010    jeff@democraticmedia.org      
Center for Digital Democracy    www.democraticmedia.org     


CDD Asks Food and Drug Administration to Investigate
Digital Marketing of Drugs and Health Products

Urges FDA to Develop Rules to Address Behavioral Targeting and to Protect Consumer Privacy


Washington, DC: The Food and Drug Administration (FDA) was urged today to protect the health of U.S. consumers by conducting a comprehensive investigation into the use and impact of digital health marketing techniques and technologies. Pharmaceutical and health marketers are already using an array of digital advertising techniques, including behavioral targeting, social media marketing, online video and mobile. The Center for Digital Democracy (CDD), a leading nonprofit group based in Washington, DC, that specializes in consumer protection for the online marketplace, made its requests in Comments filed in the FDA’s proceeding on the Promotion of Food and Drug Administration-Regulated Medical Products Using the Internet and Social Media Tools.

28 February 2010


Division of Dockets Management (HFA-305)
Food and Drug Administration
5630 Fishers Lane
Room 1061
Rockville, MD 20852


Re:    Docket No. FDA-2009-N-0441

Written Comments: Promotion of Food and Drug Administration-Regulated Medical Products Using the Internet and Social Media Tools


The Center for Digital Democracy (CDD) urges the Food and Drug Administration to conduct a much more thorough investigation into the use and impact of digital health marketing techniques and technologies. The health and safety of U.S. consumers must be protected from inappropriate and potentially harmful use of digital marketing applications that have been embraced by pharmaceutical and health marketers. It is essential that the FDA craft regulations and guidance for Internet-related promotion that reflect a thorough assessment of contemporary marketing practices, especially since interactive communications will become the dominant form for the delivery of health information and advertising to both consumers and health professionals.

By using an array of new digital marketing tools—including behavioral targeting, social media, online video, and mobile—pharmaceutical companies now have unprecedented abilities to take advantage of consumers.  Many of the new interactive marketing techniques have been purposely designed to tap into the concerns and anxieties of individuals who are going online to seek health information. For the most part, however, they remain invisible to consumers. We believe that some of the techniques may be unfair, deceptive, and/or harmful.

The following are only a few of the practices that are quickly becoming state-of-the-art in pharmaceutical marketing, and that raise serious consumer protection and health issues: