Consumer Law

Consumer Groups File FTC Complaint To Curb Unfair and Deceptive Online Health Care Marketing

By Brian Wolfman

Today, the Center for Digital Democracy, U.S. PIRG, Consumer Watchdog, and World Privacy Forum filed this 144-page complaint demanding that the Federal Trade Commission investigate unfair and deceptive advertising practices faced by consumers when they seek health information and services online. According to the consumer groups' joint press release

Consumers now confront a sophisticated and largely stealth interactive medical marketing apparatus that has unleashed an arsenal of techniques designed to promote the use of specific brand drugs and influence consumers about treatments for health conditions. Much of the online health marketing system has been deliberately structured to collect personal information and other data on consumers, including through the use of free e-newsletters on specific medical concerns; discounts for prescription drugs and services; and via the growing number of other online data profiling techniques.

The complaint names Google, Microsoft, QualityHealth, WebMD, Yahoo, AOL, HealthCentral, Healthline, and Everyday Health as among the culprits. The complaint seeks a wide range of relief, including that the FTC

? Examine and analyze the data collection and usage practices of pharmaceutical advertisers, in order to assess the extent of consumer information collected through websites, social networks, online video sites, and other interactive means.
? Require companies engaged in digital marketing of health products to provide information on the kinds of online targeting techniques and methods they employ, especially behavioral advertising and retargeting.
? Conduct a review of the privacy policy pages on health and pharmaceutical websites and services, including the leading social networks promoting health products. * *  *
? Investigate whether there is a violation of the FTC?s Endorsement guidelines ... when advice is given to patients or consumers from seemingly independent health bloggers who fail to disclose that they are paid or sponsored by pharmaceutical or other companies.
? Investigate the use of ?unbranded? sites funded by pharmaceutical companies, in order to assess whether such sites are structured and designed to support the promotion of specific drugs.
? Conduct an inquiry on the use of neuromarketing-related techniques designed to influence or measure subconscious responses. *  *  *
? Work with the Food and Drug Administration and other appropriate agencies to develop a set of policies for regulating the use of behavioral targeting, data collection, and other digital techniques in the marketing of drugs and health-related products.

Full post as published by CL&P Blog on November 23, 2010 (boomark / email).