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Lawmakers tighten rules on drug information to patients

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Published 25 November 2010, updated 01 December 2010

Patients should get better information on prescription drugs following a vote in the European Parliament yesterday (24 November) that aims to better educate consumers and protect them from hidden advertising.

EU lawmakers overwhelmingly adopted two reports by Swedish MEP Christofer Fjellner (European People's Party) on the revision of existing EU legislation on patient access to health and medicine information.

The proposals now go to the member states for approval. EU health ministers will discuss the proposed rules on 6 December. If approved, they will then become law.

According to the Parliament's version of the bill, pharmaceutical firms would have to provide information about drug characteristics on labels and package leaflets.

They also would have to publish a drug assessment report as well as information on diseases and health conditions to be treated by the product. These requirements would be mandatory instead of optional, as originally proposed by the Commission.

All of the information would be screened by national health authorities within 90 days. The member states would also create websites so patients can have objective and unbiased facts about the drugs. Printed material would be available on request.

Grey area

Parliament also shrank the grey area between information and advertising, opting to ban information on prescription medicines in newspapers as well as on television and radio. Overt advertising of prescription drugs is already banned in the EU.

Parliament ensured a ''proper balance between improving access to information available from companies and preventing the exertion of undue commercial influence,'' said Greg Perry, director-general of the European Generic and Biosimilar Pharmaceutical Industry Association (EGA).

An amendment that would have excluded information on drugs given by doctors and pharmacists was scrapped, much to the relief of consumer advocates who feared companies could hand out promotional materials.

''The pharmaceutical industry should not use the doctor's office and pharmacies to promote their products,'' said Monique Goyens, director-general of consumer lobby BEUC.

Companies will be allowed to provide other "non-promotional information" on the environmental impact of a product or price changes, but only with the permission of national regulators.

Positions: 

Swedish MEP Christofer Fjellner (European People's Party), who drafted the Parliament reports, said MEPs had ''changed the focus of the whole legislation from the rights of pharmaceutical companies to spread information to patients' right to get the information they need and want''.

Czech leftist MEP Jiří Maštálka (GUE/NGL) criticised the Commission's original proposal for not being patient-centred and said that MEPs had switched the focus to consumer rights rather than industry's right to advertise products – but that work remains.

''Despite these improvements, the proposal falls short in some areas (for example information on clinical trials) as it let industry set the information agenda and choose the medicines and diseases on which information should be provided. We will continue to work to defend consumers' rights to high-quality and non-promotional information on medicines," she added.

EFPIA, the voice of the research-based pharmaceutical industry in Europe, sees the Parliament's reports as a step forward but warned that new EU legislation must be practical and not create extra or unnecessary bureaucracy. Any material provided by industry should be subject to rigorous control irrespective of who is providing the information to the patient, it added.

''The European Parliament has demonstrated a constructive approach to this proposal, which is to be commended. We urge member states to adopt a similarly pragmatic approach to address the existing inequality of access to quality information. Modern society already has access to a great deal of information via the Internet; future discussions should examine ways to ensure that high-quality information is accessible to all in their own language, to benefit Europe's patients and public health,'' commented EFPIA Director-General Brian Ager.

The EGA, the representative body of the European generic and biosimilar pharmaceutical industry, said the Parliament's text ''will restrict companies to only providing information on their own medicines. This will prohibit misinformation campaigns from being conducted by companies against medicinal products of other companies which have obtained marketing authorisation from competent authorities,'' it added.

The European Patients' Forum (EPF), which represents 44 patients' organisations across the EU, called the Parliament's text a ''substantial improvement'' on the Commission proposal as it switches the focus from the rights of industry to the rights of patients to access quality, non-promotional medicine information.

''EPF hopes the current political momentum will be maintained to achieve important change in this area that will benefit the patients and the health systems in the long run, and we commit to work with the institutions in the next stage of the legislative process to further refine the proposal, in order to ensure tangible benefits for patients will be achieved,'' it added.

Next steps: 
  • 6 Dec. 2010: EU health ministers to debate proposed rules on information to patients.
Background: 

Current EU legislation allows advertising of non-prescription medicines that are not reimbursed, but bans direct-to-consumer advertising (DTCA) for prescription medicines. 

proposal to change the rules on providing medicine information to patients was included in the 'pharmaceutical package' presented by the European Commission in December 2008 (EurActiv 11/12/08).

The controversial measures, which would allow pharmaceutical companies to provide information directly to consumers for the first time, was partly to blame for delays to the long-awaited pharma package.

Critics say allowing companies to provide factual information on their products will open the door to advertising of prescription drugs, while supporters say quality information is needed so that consumers are not taken in by poor quality online information.

In September, the Parliament's committee on public health rewrote the proposal, specifying which data firms must make available to the public and obliging the member states to provide objective information on medicines (EurActiv 29/09/10).

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