E-drug: Secrecy re violations of advertising code in Australia
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Dear Barbara,
I agree with most of Libby's report on the situation in Australia except
that she gives the impression that we have an imperfect but functioning
system here.
Libby said that:
The APMA and PMAA only publish details of code violations in their Annual
Reports which are mostly distributed to member companies, other individuals
can obtain copies upon request.
I have not been able to obtain a copy of the latest APMA Annual Report
despite numerous requests both before and after it was published.
Also, the APMA appear to have developed a procedure for delaying / reducing
publication of findings by complainants. The APMA notifies complainants of
the initial finding of breaches of the Code but requests confidentiality
until after the appeal. (Only companies may appeal, complainants may not.
This is important because the strange reasons used for denying complaints
are impossible to predict so as to counter the first time around.) The next
step in the procedure is to not notify the complainant about the outcome of
the appeal.
For example a complaint was sent on 28 July 1998. The complainant was
notified of a finding of a breach of the code with a letter dated 13 October
1998 which stated that:
"You will appreciate that this matter is subject to the appeal provisions of
the APMA Code of Conduct (Section 13.1) and that this matter cannot be
deemed to be finalised until advice from Sanofi Winthrop Pty Ltd is received
regarding their acceptance of the Committee's ruling. This information is
sent to you in confidence on the strict understanding that you will respect
the rights of Sanofi Winthrop Pty Ltd treating this matter as confidential."
The complainant has not yet received any further communication despite
writing to the APMA re the lack of communication on 12 January 1999.
It appears that the self regulation system in Australia may have recently
ceased to function.
regards,
Peter
Dr Peter Mansfield
GP
Director, MaLAM (Medical Lobby for Appropriate Marketing)
MaLAM aims to protect compassionate scientific health care from marketing
practices that may be detrimental to health.
peter.mansfield@flinders.edu.au
www.camtech.net.au/malam
PO Box 172 Daw Pk SA 5041 Australia
ph/fax +61 8 8374 2245
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