Food and drug lawyers at a Washington media briefing inJanuary contended that with Democrats controlling Congress and potentiallytaking the White House this year, drug companies’ worst fears about federal andstate legislation regulating drug promotion will become reality. They spoke atWashington Legal Foundation session titled Health Product Promotion: Will NewRules, Greater Disclosure Chill Education and Free Speech?

All three speakers expressed concern that too much attentionand resources are being devoted to regulating drug promotion when there islittle evidence that prescribers are improperly influenced by promo activities.Marc Scheineson (Alston & Bird) said the perceived high cost of drugs isresponsible for much of the attack on drug promotion. “No direct connection hasbeen found between marketing costs and drug costs,” he declared. “If drugcompanies voluntarily lowered drug prices, all this interest in promotion woulddisappear.”

Scheineson said theindustry is one of the most heavily regulated industries. He said evidence islacking that docs prescribe drugs based on their relationships with drugcompanies.