2nd UPDATE: FDA Warns Drug Makers On Misleading Promotional Efforts
June 17 2010 - 4:30PM
Dow Jones News
The U.S. Food and Drug Administration sent letters to several
companies requesting that they stop distributing misleading
promotional materials for their drugs.
The letters were sent in recent weeks to Eisai Co. Ltd.
(4523.TO, ESALY), Auxilium Pharmaceuticals Inc. (AUXL), Cumberland
Pharmaceuticals Inc. (CPIX) and Dainippon Sumitomo Pharma Co.'s
(4506.TO) Sepracor unit, and posted on the FDA's website this
week.
The FDA said a 60-second television advertisement for Sepracor's
Lunesta sleep aid makes "unsubstantiated superiority claims" in
violation of federal law. A voice-over in the ad says viewers who
have trouble sleeping even after taking a sleep aid should ask
their doctors about switching to Lunesta because Lunesta is
"different." The ad says Lunesta "keys into receptors that support
sleep."
The FDA said this language misleadingly implies that Lunesta is
clinically superior to other insomnia medications, and that Lunesta
might work where others fail. The agency says it isn't aware of any
evidence to support these claims. Also, the agency said the claim
about how Lunesta works is misleading because there's still some
uncertainty about the drug's mechanism of action.
The FDA requested that Sepracor stop distributing promotional
materials such as the ad cited.
Sepracor spokeswoman Tricia Moriarty said the company is taking
actions to comply with the FDA's request. The company is reviewing
its promotional materials, and the TV ad cited in the FDA letter
hasn't aired since mid-April, she said.
In a separate letter to Eisai, the FDA said a promotional video
for brain-tumor treatment Gliadel Wafer minimizes the risk of the
drug and overstates its efficacy in violation of federal law. The
drug's risks, which include seizures, are relegated to the end of
the video after several cues suggesting the video is over, when
it's unlikely to draw the viewer's attention, the FDA said.
Eisai spokeswoman Judee Shuler said the company has removed the
video from the Gliadel website and is working closely with the FDA
to resolve any outstanding issues as soon as possible.
The FDA said a Cumberland Pharmaceuticals sales aid for
Acetadote, which is approved to prevent liver injury after an
overdose of the pain drug acetaminophen, contains unsubstantiated
superiority claims and minimizes risk information.
Cumberland spokeswoman Angela Novak said the company is "eager
to work with FDA to understand and address their concerns regarding
these marketing materials, and to resolve their issues
quickly."
The agency's letter to Auxilium said a direct-to-consumer
patient brochure for the drug Xiaflex, a treatment for a hand
deformity, overstates the drug's efficacy and minimizes its
risks.
Auxilium spokesman Will Sargent declined to comment.
-By Peter Loftus, Dow Jones Newswires; +1-215-656-8289;
peter.loftus@dowjones.com