NAD Takes Another Step Toward Rx Policing in Bayer Diabetes Case

Recently I claimed (here and here) that the NAD was inching its way toward policing disputes between prescription brand advertisers. The major pharma companies are already deciding their OTC brand disputes under the NAD’s auspices. Today, the NAD got a little closer to the Rx world in a decision on Bayer Diabetes Care’s Ascensia glucose monitor brands. The NAD demanded Bayer change its ads after a challenge by Abbott. These products are officially OTC, but if you want to read the decision (download below) you’ll see that the dispute centers squarely on clinical claims. And, of course, people are extremely unlikely ever to buy an Ascensia product if they have not previously been diagnosed by a doctor and prescribed various insulin therapy products first. The NAD hates it when I say this—so I’m emphasizing that this is my opinion and not a fact—but it really looks like the NAD is moving closer and closer to the FDA’s DDMAC territory. We’ll see. BTW: Bayer is pissed and will appeal.

Download 4641_bayer_ascensia.doc

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The NAD hates it when I say this—so I’m emphasizing that this is my opinion and not a fact—but it really looks like the NAD is moving closer and closer to the FDA’s DDMAC territory.