The eMatchPhysicians Blog

Pfizer Has Been Served – Largest Settlement Ever for False Marketing Claims Means Time to Rethink Our Own Marketing

Posted on: Friday, September 4, 2009

Pfizer has been hit with a $2.3 Billion settlement for off-label marketing claims that promote uses of over a dozen of its products that are not FDA-approved for that particular use. The settlement’s sheer size is enough to scare away pharmaceutical companies from pursuing or continuing similar practices, which any physician can tell you have become all too common in the industry. Of particular concern were Pfizer’s marketing claims about Bextra, which was removed from the market in 2005 in response to concerns about its safety. A portion of the money goes to resolve whistle-blower lawsuits that triggered the findings that led to the settlement and a portion of it will go to state Medicaid programs.

The settlement is the largest that the Department of Justice has ever garnered in a healthcare case, and it is a clear signal that there will be more to follow if the healthcare industry doesn’t start policing itself more effectively. The negative news for the healthcare industry in the wake of this settlement is that even healthcare organizations that have a stellar reputation will have to now defend it in their marketing.
 
Assistant Attorney General Tony West and HHS Secretary Kathleen Sebelius have publicly stated that the settlement is punitive and it is meant to show that the government is dedicated to rooting out and punishing healthcare fraud. The question that we must ask ourselves as health care professionals in the wake of this lawsuit is how our marketing measures up. Are we or our organizations engaging in practices that could be construed as dishonest? There is no arguing that the optics of similar marketing techniques are now appearing badly. It may actually be wise to retool our marketing to the honest practices that our organizations engage in, such as honest fee estimates, giving back to the community, and our own codes of ethics.
 
Hiring an outside agency to reevaluate your marketing practices may be the best way to retool your brand and message. Internal interests could be blinding you to how your message appears to the outside, especially when your organization is so close to the subject matter. There are many agencies that specialize in healthcare marketing, and chances are good that your public relations department already knows their names. Whatever you do, keep the message honest and forthright.

Tags: health care professionals, healthcare industry news, pfizer

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