The “Oreo Problem” in Pharmaceutical Drug Marketing

There has been a longstanding concern in the medical community about how pharmaceutical companies market drugs to doctors. Some believe doctors are being inappropriately influenced by these companies when making clinical decisions. A recent Boston NPR news article examines this issue, sometimes referred to as the “oreo problem.”

Pharmaceutical salespeople have very detailed information about the prescriptions written by each doctor that they then use to make their marketing as specific and effective as possible. The article describes the problem as the equivalent of having a charming Nabisco representative approach you in a supermarket, saying that they’ve noticed that you used to buy Oreos, but lately have switched to Nutter Butters and would like to get you to resume buying Oreos by offering you free samples.

In 2007, Vermont attempted to address the issue by passing a law prohibiting pharmacies from selling doctors’ prescribing data to data miners and drug companies unless the doctor opted in. While patient names are protected under the federal Health Insurance Portability and Accountability Act, physician names are not. But, in June 2011 the U.S. Supreme Court blocked the law allowing drug companies to continue to buy information that helps them market their drugs to doctors. The court said that prescribing data is protected under the First Amendment.