Ads For Leading Antibiotic Found To Be Misleading

Attorney General Spitzer today announced a settlement resolving allegations of misleading advertising of a best-selling antibiotic. Pfizer, Inc., headquartered in New York City, entered into an agreement with Spitzer and the attorneys general of 18 other states, and promised to reform its advertising and promotional materials for one of its key pharmaceutical products, Zithromax."This agreement sends a strong message that advertisements that mislead or fail to provide complete information about pharmaceutical products will meet with tough enforcement actions," Spitzer said.

The attorneys general alleged that the advertisements misrepresented the efficacy of Zithromax in comparison to other antibiotics used to treat ear infections among young children. Specifically, the attorneys general alleged that by focusing its advertising for Zithromax on dosing convenience - fewer doses per day and fewer days on the medication - Pfizer falsely implied that the medication was superior to other antibiotics. Pfizer also failed to disclose that physicians take into account other factors, such as antibiotic resistance when prescribing a treatment for ear infections.

In addition to advertising reforms, Pfizer agreed to pay $2 million toward public service announcements for the next three cold seasons, November through March of 2003-2005. Specifically, these announcements will be geared toward educating parents about: antibiotic resistance, including regional variances in rates of infection; ineffectiveness of antibiotics in combating viral infections; and factors considered by doctors in prescribing drugs to treat infections.

In settling the case, Pfizer is required to make the following disclosures to consumers in its advertising and promotional materials for Zithromax:

• For advertisements referencing the convenience or frequency of dosage, Pfizer will disclose: "Your Doctor will consider many factors when choosing an antibiotic; dosing convenience is only one of them."
• For advertisements that compare the effectiveness of Zithromax as a treatment for ear infections, Pfizer will disclose: "Antibiotic resistance is a consideration that may affect your doctor's choice of treatment for your child's ear infection."
• For all advertisements of Zithromax, Pfizer must include a reminder to consumers that antibiotics are ineffective against viral infections such as colds or the flu.

Additionally, Pfizer must state in Zithromax ads that reference scientific studies and cite its dosing convenience, frequency of use or effectiveness, whether such study was published and peer reviewed and whether Pfizer paid for the study. Summaries of studies must be made available to the public upon request and be posted on the pharmaceutical company's web site.

Zithromax is the second largest selling oral antibiotic in the world with sales in 2001 of $1.5 billion, a nine percent increase from the previous year.

In settling the case, Pfizer will pay $4 million to cover the costs of the states' investigation, including $300,000 to New York State.

Joining New York in this settlement are the attorneys general of the following states: Arizona, Arkansas, California, Connecticut, Florida, Kansas, Maryland, Massachusetts, New Mexico, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Vermont, and Wisconsin.

This case was handled by Assistant Attorney General Shirley Stark of the Consumer Frauds and Protection Bureau of the New York State Attorney General's Office.