Novo Nordisk and Eli Lilly have recently launched a multibillion-dollar campaign of ads that are promoting the idea that obesity is a chronic disease. These campaigns have sparked a robust public discussion. Experts are concerned they would erode existing Australian laws which ban advertising to the public about prescription-only medications. The Therapeutic Goods Administration (TGA) already has a robust system of strict regulation in place around advertising. To their credit, last year they issued more than $1 million in fines against 19 operators for serious violations.
Dr. Willer is a consultant dietitian and bioethicist. She contends that these ads are part of a long effort to redefine obesity as a disease. She thinks this drive is tied to the companies’ rushed applications for the Pharmaceutical Benefits Scheme (PBS). Finally, they’re asking for subsidies to cover new obesity medications. At present, Australia has failed to acknowledge obesity as a chronic disease in its own right, instead counteracting it as a risk factor.
The TGA’s position is clear: the Therapeutic Goods Act 1989 prohibits the direct advertising of prescription-only medicines to consumers. This regulation will go a long way to ensuring the protection of public health and restoring trust in our healthcare system. Novo Nordisk’s and Eli Lilly’s recent marketing campaigns have raised alarm bells. A lot of people are concerned that these campaigns may be illegal under current laws.
The Implications of Disease Labeling
Dr. Willer argues that framing obesity as a chronic disease would be harmful to the public’s health. Most importantly, she is quick to point out that patients come to their healthcare providers under the assumption that their biggest problem is weight. This can lead them to wrongly assume that weight loss is the only answer.
“But when [patients] come to their provider thinking the problem is weight, the solution is weight loss.” – Fiona Willer
These concerns about medicalizing obesity have been raised in other studies. In fact, a 2018 study published in the British Medical Journal found that disease-awareness advertising in Australia often overstates the seriousness of conditions such as obesity. This poses serious risks, including more medicalization.
Dr. Willer further states that if advertisements promoting obesity as a chronic disease go unchecked, companies may become increasingly bold in their marketing strategies, further complicating public health initiatives.
Regulatory Challenges and Public Perception
Barbara Mintzes, PhD is a researcher in pharmaceutical policy. Those ads from Novo Nordisk and Eli Lilly, she points out, seem to be testing the bounds of TGA regulations. The ads aren’t promoting a specific product, which the corporations argue keeps them in compliance with Federal Trade Commission policy.
“This is clearly an advertisement that is aimed at the public and aims to increase sales of their weight-loss drug.” – Barbara Mintzes
Mintzes explains that when companies create advertisements discussing a medical condition without naming specific products, these ads are often interpreted as not being product-specific advertising. This interpretation can let them sidestep heavy consumer-friendly regulations designed to keep consumers safe.
The TGA has already issued two public warnings to companies not to advertise prescription-only weight-loss medications. Once and for all in 2022, though, the agency doubled down on its position. As such, companies that didn’t adhere to the law were hit with significant penalties. This context begs some key questions. Are Novo Nordisk and Eli Lilly’s current campaigns consistent with the purpose of the Therapeutic Goods Act, or are they illegal?
Perspectives from Healthcare Professionals
Many in the healthcare community, including the American Medical Association, agree these ads would give people suffering from obesity a newfound power. Dr. Terri-Lynne South, a general practitioner and dietitian, agrees that these campaigns have the potential to make a positive impact by reducing stigma and shame around obesity. This modification would help more patients seek assistance from their general practitioners.
“I’m hoping that this … advertisement will actually reduce some of the shame and stigma, and encourage patients to see their own GP.” – Terri-Lynne South
She cautions that categorizing higher weight as a disease with medical coverage and treatment would be dangerous. This strategy could change the way the federal government pays for weight-loss medications. Dr. South contends that the campaigns can be misleading. Instead, they focus on the minutiae of care delivery that ends up raising healthcare costs while not ensuring improved health outcomes.
“By characterising higher weight as a disease, you end up knocking on the doors of governments to pay for your drugs.” – Terri-Lynne South
In response to campaigns like these, experts such as Dr. South contend these advertisements are intended to normalize obesity. In doing so, they could be increasing the profits of the weight-loss drug makers, to the detriment of real health improvements.
