06-R 325

2006 -- S 3160

Enacted 06/13/06

S E N A T E R E S O L U T I O N

REQUESTING ACTION BY THE UNITED STATES CONGRESS TO REGULATE THE ADVERTISEMENT OF ALL PRESCRIPTION DRUGS TO MEET ALL FEDERAL LAWS AND REGULATIONS CONCERNING MISBRANDED DRUGS AND DEVICES; AND FURTHERMORE THAT THE UNITED STATES CONGRESS SHALL REQUIRE ALL PRESCRIPTION DRUG MANUFACTURERS OR LABELERS TO PUBLICLY POST ALL

RELEVANT DATA FROM ANY CLINICAL TRIALS

Introduced By: Senators Walaska, Perry, Roberts, Gallo, and Gibbs

Date Introduced: June 08, 2006

     WHEREAS, Powerful prescription drugs can improve or save lives, but if they're

marketed to the wrong people, they can cripple or even kill; and

     WHEREAS, The FDA repeatedly finds that many ads are deceptive, inaccurate,

misleading, and otherwise in violation of federal law; and that warnings are confined to extremely

small type at the bottom of the pages or TV screen and rapidly spoken segments of commercials;

and that Direct-to-Consumer-Advertising capitalizes on the widely held but erroneous belief

among consumers that "newer is better"; and

     WHEREAS, Given that patients are now a primary target for any form of prescription

drug advertising, a study done at Harvard University and the Massachusetts Institute of

Technology found that a 10% increase in advertising of drugs within a therapeutic drug class

resulted in a 1% increase in sales of the drugs; and that when these findings were applied to the

25 largest drug classes in 2000, it was found that every $1.00 spent on Direct-to-Consumer-

Advertising yielded $4.20 in drug sales. Direct-to-Consumer-Advertising was responsible for

12% of the increase in prescription drug sales or an additional $2.6 billion in 2000 alone; and

     WHEREAS, The U.S. Public Interest Research Group and the New Jersey Public Interest

Research Group released a report on May 3, 2006 revealing that drug companies suppress

unfavorable clinical trials, and that the FDA highlights at least 82 times false or misleading

advertising that cited clinical trials; now, therefore be it

     RESOLVED, That this Senate of the State of Rhode Island and Providence Plantations

hereby respectfully requests the United States Congress take action to regulate the advertisement

of all prescription drugs to meet all federal laws and regulations concerning misbranded drugs

and devices, and furthermore that the United States Congress take action to require all

prescription drug manufacturers or labelers to publicly post all relevant data from any clinical

trials; and be it further

     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

transmit duly certified copies of this resolution to the Rhode Island Congressional Delegation.

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LC03363

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