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A new breed of drug pushers

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> http://www.nytimes.com/2003/05/07/business/media/07DRUG.html

> A Respected Face, but Is It News or an Ad?

>

>

> WALTER CRONKITE said through his lawyer that he agreed to do the videos

> after being told that they would be educational and would not promote

> products.

>

>

>

> MORLEY SAFER has appeared in hundreds of promotion videos but has

> concluded, according to a " 60 Minutes " spokesman, that the work does not

> meet the standards of CBS News.

>

>

>

> AARON BROWN, the CNN anchor, has not yet appeared in a video paid for

> by health care companies. The network said it was reviewing its decision

> to allow him to participate.

>

>

>

>

>

> By MELODY PETERSEN

>

>

> aron Brown of CNN, Walter Cronkite and other broadcast journalists have

> been hired to appear in videos resembling newscasts that are actually

> paid for by drug makers and other health care companies, blurring the

> line between journalism and advertising.

>

> Mr. Brown and Mr. Cronkite, the former CBS News anchor, are the new

> hosts of video " news breaks " produced by a Boca Raton, Fla., company

> called WJMK Inc. that are shown on local public television stations

> between regular programs. They are replacing Morley Safer of CBS, who

> has appeared in hundreds of the videos but has concluded, according to a

> " 60 Minutes " spokesman, that the work does not meet the standards of CBS

> News.

>

> Based on information that it received yesterday, CNN said it was

> reviewing its decision to allow the participation of Mr. Brown, who has

> not yet appeared in a video.

>

> The hosts of the videos, standing on an elaborate news-style set,

> provide a general introduction to segments that profile health care

> companies or their products. According to WJMK documents, the companies

> pay WJMK about $15,000 in connection with the segments and other

> services and are allowed to edit and approve the videos, which are two

> to five minutes long.

>

> Similarly, a drug marketing company called Healthology hires journalists

> from local television and radio stations to appear in video Webcasts.

> The Healthology programs are available through the Web sites of many

> large newspapers, including The Los Angeles Times, The Philadelphia

> Inquirer and The Miami Herald. Drug makers pay for the Webcasts, which

> feature the journalists interviewing doctors and patients about their

> products.

>

> For years, local news stations, as part of their newscasts, have

> broadcast videos created by drug companies' public relations agencies -

> a practice that critics equate to publishing unedited press releases.

> Now, production companies are expanding that marketing tactic to public

> television and the Web and using celebrity journalists to add to the

> videos' credibility.

>

> Government officials said that the new programming might run afoul of

> federal drug regulations, which prohibit drug makers from advertising

> experimental medicines or promoting drugs for ailments that they have

> not been approved to treat. Communications lawyers said that the WJMK

> programs might fail to meet public broadcasting rules, which require the

> disclosure of corporate sponsorship.

>

> Critics of the news media say that the videos mislead viewers by

> packaging promotional material to look like news. Dr. Joseph Turow, a

> professor at the Annenberg School for Communication at the University of

> Pennsylvania, said that he had seen similar videos in the past that

> tried to imitate news but never ones featuring working journalists, let

> alone such prominent ones as Mr. Safer and Mr. Brown.

>

> " They are buying credibility, " he said of the health care companies that

> pay for the appearances.

>

> One executive working for a company that was solicited by WJMK said that

> WJMK's employees had told him that Mr. Safer was paid " six figures " for

> one day in the studio.

>

> Kevin Tedesco, a spokesman for " 60 Minutes " on CBS, said that Mr. Safer

> had agreed to work for WJMK four years ago, thinking that the work

> complied with the network's standards. " After doing it, he realized it

> did not square with CBS News standards, " Mr. Tedesco said. " Some of that

> work that he did back then continues to appear now. I don't think there

> is anything we can do about that. "

>

> Ronald Konecky, Mr. Cronkite's lawyer, said his client had agreed to

> work for WJMK after being told that the videos would be educational and

> would not promote products. He said that Mr. Cronkite would resign if he

> found that was not the case.

>

> In one WJMK video where Mr. Safer appeared as host, executives at

> Innapharma, a small pharmaceutical company, promoted the company's

> experimental antidepressant nemifitide. " Patients rapidly get well and

> they stay well for months or years, " Dr. John P. Feighner, the company's

> president, says in the video. " I've never seen anything that compares. "

>

> Last month, Innapharma filed for bankruptcy protection after the Food

> and Drug Administration ordered it to stop human trials of the drug

> because a study showed it was toxic to beagles. Dr. Feighner said this

> week that the company still hoped to sell nemifitide and was planning

> studies to try to show that the toxicity is limited to dogs.

>

> Dr. Feighner said that he thought that regulators would consider the

> video to be appropriate because the medicine was still years from

> approval when the video was produced three years ago.

>

> The Innapharma video was part of a series called the American Medical

> Review, which is produced by WJMK. WJMK hired John Stossel of " 20/20 " on

> ABC in 1998 to serve as the host of the series. Mr. Stossel asked WJMK

> to release him from his contract in August 1999.

>

> " Neither John nor ABC News were comfortable with the ultimate

> arrangement, " said Jeffrey W. Schneider, vice president of ABC News. The

> network has asked WJMK to remove Mr. Stossel's photo from its Web site.

>

> Mark Kielar, the president of WJMK, said the videos were educational,

> not promotional. He said that the companies did not pay for the videos

> that are shown by local public television stations and that the

> companies had no control over content.

>

> But a review of several written contracts between WJMK and the companies

> shows that they have paid $14,900 to have their products or services

> featured in American Medical Review videos and have them provided for

> use on public television stations. According to WJMK documents, the

> production company's staff writes a script based on information from the

> health care companies, including a questionnaire where the companies are

> asked what is superior about their products. They are then allowed to

> edit the script and give their final approval, according to WJMK

> documents.

>

> Mr. Kielar said the $14,900 was charged solely for a related " corporate

> demo tape " that WJMK also created for the companies and that they could

> use on their Web sites and for other promotional purposes. He said he

> had created a second company so that one company produces the segments

> for public television and another company creates the promotional tape.

>

> But groups and companies that WJMK asked to pay for the videos disagree

> with Mr. Kielar's description. " They were selling PBS and they were

> selling Morley Safer, " said Jeff Cronin, spokesman for the Center for

> Science in the Public Interest. The group declined to participate, Mr.

> Cronin said, after a WJMK salesman called late last year.

>

> WJMK's clients, according to its Web site, include the big

> pharmaceutical companies AstraZeneca, Bayer, Bristol-Myers Squibb,

> Novartis and others. They also include small companies like Sleep Angel,

> which sells a device to keep the mouth closed during sleep to stop

> snoring. The company has a link to the WJMK video on its Web site,

> saying that the device was " featured and seen around the world " on

> " Morley Safer's American Medical Review. "

>

> The American Medical Review videos are distributed to local public

> television stations, which can show them free. Mr. Kielar claims that 30

> million households see each one.

>

> But several stations said they had declined to air them because of their

> promotional nature. Steven Weisberg, program director at WLRN in Miami,

> said the station did not run the videos because the content was paid for

> by the companies that were profiled.

>

> But Suzi Stone at KSMQ in Austin, Minn., said she broadcast most of the

> dozens of videos that WJMK produced every month. Ms. Stone said she did

> not know that companies paid fees to WJMK. " They offer them to us for

> free, " she said, " so I don't go digging around for any other

> information. "

>

> The videos do not mention that the companies paid WJMK to produce them -

> which may violate federal communications law.

>

> John Crigler, a lawyer in Washington, said that under federal law, both

> the video producer and the public television stations that broadcast the

> segments must make sure that any corporate sponsor is disclosed.

>

> Healthology, which is based in Manhattan, uses the Web to distribute the

> videos that it creates for drug companies. To help make the videos look

> like news, it hires local television reporters, including some who cover

> health-related stories for their stations, like Dr. David Marks of WNBC

> in New York.

>

> In a recent Healthology Webcast, Dr. Marks interviews a doctor about a

> medicine for multiple sclerosis called Avonex. When asked what drug a

> patient should take, the doctor tells viewers that Avonex has fewer side

> effects than competing medicines and may be more effective.

>

> The physician, Dr. James Miller, says that about a quarter of patients

> given a competing medicine develop antibodies that work against it.

> While Dr. Miller is careful to say that these antibodies " may " make

> these other medicines ineffective, a full-screen graphic appears while

> he speaks, stating that the antibodies " block " the other medicines'

> effectiveness.

>

> The F.D.A. has warned Avonex's maker, Biogen, not to make such

> statements because they are not supported by scientific evidence.

>

> Viewers are also told that the Avonex video was paid for by MS Active

> Source. They are not told that MS Active Source is a Web site created by

> Biogen to help market Avonex. They are also not told that Dr. Miller has

> been paid by Biogen in the past for other work or that he was paid by

> Healthology for the Avonex video.

>

> Mary A. Malarkey, director of the case management division at the

> F.D.A.'s Center for Biologics Evaluation and Research, said that if drug

> companies pay for the videos, they could be considered to be

> advertising. " We would be interested in taking a look, " she said.

>

> Timothy D. Hunt, a spokesman for Biogen, said that Healthology had

> independent control of the video's content.

>

> Dr. Marks, who appears frequently on WNBC, said that he did not know

> that Biogen had paid for the video. He said he had done his own research

> on the medicines and asked his own questions.

>

> " I was never told what to say or what questions to ask, " he said.

>

> Liz Fischer, a spokeswoman for WNBC, said the station questioned the way

> Healthology packaged its Webcasts but did not question their content.

>

> Dr. Miller said that Healthology executives had asked him to talk about

> antibodies but had not told him specifically what to say.

>

> Dr. Steven Haimowitz, the president of Healthology, said that drug

> companies did not write or edit the videos' script. The drug makers pay

> for the videos and suggest the topics, he said, but Healthology's

> medical experts take over from there.

>

> " All the Webcasts are fair and balanced, " he said. " They are editorial

> in nature. "

>

> Dr. Haimowitz, who worked as an executive at a Madison Avenue ad agency

> before creating Healthology, said that the drug makers also do not

> suggest which doctors should be hired to appear in the videos. He said

> that in some medical specialities, like multiple sclerosis, almost all

> doctors do some kind of consulting work for the pharmaceutical

> companies.

>

> Healthology promotes itself as an effective marketer of prescription

> drugs directly to the consumer. As consumers watch the videos, they have

> several opportunities to press buttons and be transferred to Web sites

> maintained by the sponsoring drug company, where they may be asked to

> provide detailed personal information and whether they want to be sent

> further information about the drug company's product.

>

> Some of the Healthology videos are about how a medicine can be used for

> a condition that has not yet been approved by the F.D.A. For example,

> Pharmacia paid for a video about how pain relievers known as cox-2

> inhibitors, including its product, Celebrex, could be used to treat lung

> cancer.

>

> Susan J. Yarin, a spokeswoman for Pfizer, which bought Pharmacia, said

> the company had no control over that video's content.

>

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