This case involves marketing campaigns geared at individuals that were allegedly unsuitable for robotic surgery. The campaigns consisted of marketing through TV infomercials, mass emails, and phone calls. The information in the commercials exaggerated the benefits that were reflected in the medical literature at the time. In addition, there were no warning or cautionary statements present in any of the advertisements. It was further alleged that the marketing campaign aimed to pique the interest of patients without providing the proper information regarding the risks and dangers inherent to the procedure.
Question(s) For Expert Witness
- 1. What is your experience with medical advertisement ethics?
- 2. What principles and practices should be taken to ensure the public is well informed?
Expert Witness Response E-009334
I am the managing director of a full-service advertising agency that represents several large national hospitals and medical groups with their print, digital, and television advertising. As part of this process, I am always cognizant of the FDA, HIPPA, and Stark laws that need to be met in order to run ethical marketing and advertising campaigns for our clients. I am interested in reviewing the print and video advertisements in question.