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Psychiatric Times. Vol. 26 No. 8
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COMMENTARY 

Marketing Off-Label Uses: Shady Practices Within a Gray Market

By Cathy L. Melvin, PhD, MPH, Timothy S. Carey, MD, MPH, John M. Oldham, MD, John W. Williams Jr, MD, Francine Goodman, PharmD, BCPS, Thomas R. Linden, MD, W. Douglas Evans, PhD, Gary L. Kreps, PhD, and Leah M. Ranney, PhD | August 7, 2009
Dr Melvin is senior research fellow and director of child health services research and a research associate professor in the department of maternal and child health at the University of North Carolina at Chapel Hill–Sheps Center for Health Services Research. Dr Carey is director of the Cecil G. Sheps Center for Health Services Research, Sarah Graham Kenan Professor in Medicine, professor of social medicine, and adjunct clinical professor of epidemiology at the University of North Carolina at Chapel Hill–Sheps Center for Health Services Research. Dr Oldham is senior vice president and chief of staff of the Menninger Clinic, Houston, and executive vice chair for clinical affairs and development in the Menninger Department of Psychiatry and Behavioral Sciences at Baylor College of Medicine, Houston. Dr Williams is professor of medicine and psychiatry at Duke University, Durham, NC, and co-director for the MacArthur Initiative on Depression in Primary Care. Dr Goodman is clinical pharmacy specialist of the Veterans Health Administration Pharmacy Benefits Management Strategic Healthcare Group, Hines, Ill, and an appointed member of the VHA’s National Pain Management Strategy Coordinating Committee. Dr Linden is a psychiatrist and distinguished professor of medical journalism in the School of Journalism and Mass Communication at the University of North Carolina at Chapel Hill. Dr Evans is director of public health communication and marketing and professor in the department of prevention and community health and the department of global health at George Washington University, Washington, DC. Dr Kreps is professor and chair of the department of communication at George Mason University, Fairfax, Va. Dr Ranney is research fellow at the Cecil G. Sheps Center for Health Services Research at the University of North Carolina at Chapel Hill and Vanguard Communications Public Relations and Social Marketing Firm, Washington, DC.

This article was funded by a grant administered by a consortium of state attorneys general, independent of any industry funding, which placed no restrictions on the content of this publication.

Acknowledgment: Written in collaboration with the Prescribing for Better Outcomes Panel Members.


Further adding to these weak findings was what the authors found when they reviewed the actual documents from the Warner-Lambert settlement. Documents found on the Drug Industry Document Archive (DIDA; http://dida.library.ucsf.edu) indicate that authors of 8 of the 29 articles referenced above may have taken part in a company-sponsored meeting, been paid as a speaker, or worked with ghostwriters. Unfortunately, information available from DIDA was not sufficient to directly tie an individual author’s specific involvement with Pfizer or Warner-Lambert to their work on specific publications.4

The Journal of Psychiatric Practice supplement article documents how drug marketing can influence publication in scientific and clinical research literature as backdoor, off-label drug marketing. Prescribing professionals should be aware of the damage that such tactics can cause in individuals who were prescribed an ineffective drug by physicians mistakenly relying on what they believed to be emerging literature supporting its efficacy.

The tactics used to market Neurontin should be a wake-up call as cases of off-label marketing continue to flow through the legal system. In 2008, Pfizer settled lawsuits costing more than $60 million in 33 states and Washington, DC, for charges that the company used illegal tactics to off-label market its drug Celebrex. As recently as early 2009, Eli Lilly and Company pleaded guilty and paid $1.4 billion for promoting Zyprexa for unapproved uses—such as treatment for dementia in the elderly.

Scrutinizing the literature

Given the prevalence of these cases, it’s imperative that physicians and other prescribing professionals scrutinize the medical and scientific literature with the awareness that sometimes scientific publication is part of an organized marketing campaign.

A standardized protocol on how to conduct such scrutiny might make the task less burdensome and time-consuming. When reading case series or cohort studies, professionals should view articles through an evidence-based prism and ask the following questions when reading literature supporting the off-label use of any drug:

1. Are the case studies presented clearly and completely, with full disclosure by the author(s)? There is relatively little guidance on how to evaluate the quality of a case study, but an article appearing in the journal Spine5 suggests that high-quality case studies should have the following:

• Questions that are clearly defined.

• Study populations and results that are well described.

• Outcome measures that have been validated.

• Appropriate statistical analyses.

• Discussions and conclusions clearly supported by the data.

• Funding sources that are fully dis- closed or, when no funding source exists, a statement to that effect.

2. Is there an inexplicably small group of individuals repeatedly publishing positive case series without follow-up controlled trials?

3. What is the quality of the peer review of the journals in which the studies are being published? Are there published policies regarding peer review and conflict of interest disclosure?

4. Are the funding sources of studies disclosed? If so, are the studies being funded by the company that owns the drug? If not, have the authors received funding from the company that owns the drug?

5. Do the studies make sense? For instance, if the illness is chronic, do case series studies only present short-term results or do conclusions from randomized controlled trials (if available) contradict conclusions/recommendations from case studies?

Just as no 2 manufacturers produce the same quality cars, computers, or televisions, the same is true for the articles produced by authors, editors, and publishers. The discovery that relatively few individuals could significantly affect the literature shows why clinicians and researchers must apply their own judgments when considering off-label uses for their patients. Part of this process should involve reading articles carefully to identify weaknesses and missing information within the articles themselves, and then comparing articles across journals to see whether the weaknesses have been adequately addressed elsewhere. Systematic reviews, conducted by researchers without conflict of interest, are one way to efficiently sort through the literature. Unbiased online resources such as the Drug Effectiveness Review Project (http://www.ohsu.edu/drugeffectiveness) or the Agency for Healthcare Research and Quality (http://effectivehealthcare.ahrq.gov) are particularly helpful.

Finally—and perhaps most important—prescribing professionals must temper anything they read with their 2 most important tools: experience and common sense.

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References
1. US Department of Justice. Press release: Warner-Lambert to pay $430 million to resolve criminal & civil health care liability relating to off-label promotion. May 13, 2004. http://www.usdoj.gov/opa/pr/2004/May/04_civ_322.htm. Accessed July 7, 2009.
2. Chen H, Reeves JH, Fincham JE, et al. Off-label use of antidepressant, anticonvulsant, and antipsychotic medications among Georgia medicaid enrollees in 2001. J Clin Psychiatry. 2006;67:972-982.
3. Steinman MA, Bero LA, Chren MM, Landefeld CS. Narrative review: the promotion of gabapentin: an analysis of internal industry documents. Ann Intern Med. 2006;145:284-293.
4. Carey TS, Williams JW Jr, Oldham JM, et al. Gabapentin in the treatment of mental illness: the echo chamber of the case series [published correction appears in J Psychiatr Pract. 2008;14:193]. J Psychiatr Pract. 2008;14(suppl 1):15-27.
5. Carey TS, Boden SD. A critical guide to case series reports. Spine. 2003;28:1631-1634.


 
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