Promises, promises

Those questioning the ads -- John Dingell (D-Mich.), chairman of the powerful House Committee on Energy and Commerce, and Bart Stupak (D-Mich.), chairman of the Subcommittee on Oversight and Investigations -- are also investigating Lipitor advertisements that feature Robert Jarvik, who invented an artificial heart years ago.

"We are concerned that consumers might be misled by Pfizer's TV ads for Lipitor starring Dr. Jarvik," said Dingell. "In the ads, Dr. Jarvik appears to be giving medical advice, but apparently, he has never obtained a license to practice or prescribe medicine." The congressmen have asked for all records related to the campaign, including the financial arrangements between Jarvik and Pfizer.

Criticism of the Vytorin and Lipitor ads has renewed the debate over the effect of TV drug advertising, even as efforts to rein in the ads have faltered. Last month, an initiative that might have increased FDA oversight over direct-to-consumer television ads for prescription drugs was quashed.

Drug companies are not required to have their TV ads approved before airing, but the companies are subject to warning letters and monetary penalties if the FDA finds that ads are misleading or false, says Areta Kupchyk, a partner at Reed Smith law firm in Washington, D.C., and a former associate chief counsel at the FDA. However, only about 35% of drug ads that make it on air are viewed by FDA staff, says Rita Chapelle, an agency spokeswoman.

The now-canceled oversight plan would have paid for increased FDA staff through fees from drug companies; they would have been charged about $40,000 for each ad reviewed. Although more than 30 firms signed up for the program, funding difficulties eventually scuttled it. That was a disappointment to experts who worry that too many drug ads now go unchecked. "Very few advertisers are really doing well enough when it comes to actually trying to educate the consumer," says Wendy Macias, associate professor in the Grady College of Journalism and Mass Communication at the University of Georgia, who published a recent study on TV drug ads. "The ads," says Macias, "are presented in such a way that the consumer would have to be paying very close attention and be adept at processing the information to really understand the risks as well as the benefits."

Stepping into the breach, to a degree, is AdWatch, new on the Consumer Reports' Health Blog. It will regularly raise questions about information included -- and left out -- of nationally televised prescription drug ads. First up: Requip, a drug to treat restless-legs syndrome, a rare disorder that can cause tingling or restlessness in the legs just before sleep. Trouble is, simply lying in bed waiting for sleep can also cause tingling and restlessness, but some consumers have begged their physicians for the drug even though they have no evidence of the syndrome. "That's concerning," says Steve Findlay, a health policy analyst in the Washington, D.C., office of Consumers Union. In some users, Requip can cause serious side effects, such as drowsiness, compulsive gambling and sexual behaviors.