Legal issues concerning the promotion of pharmaceutical products on the internet to consumers.

The promotion of pharmaceutical products on the internet, an unforeseen event only a few years ago, has begun. While some companies only have registered domain sites with Internic, others have set up home pages that deal with pharmaceutical products such as Rogaine (minoxidil), a drug product approved to promote the growth of hair; Claritin (loratidine), a prescription nonsedating antihistamine product; and Nicorette, a nicotine-based gum used to aid in the cessation of smoking. In general, most pharmaceutical companies that have set up internet home pages do not provide product-specific information, but instead provide information and news about the company, financial status, and job listings. Others also may provide information about diseases without mention of their products. There are relatively few home pages that focus on specific pharmaceutical products. This is probably because of the legal concerns that arise from such sites being considered consumer promotion. The promotion of pharmaceutical products on the internet and through other emerging technologies, such as e-mail and other forms of electronic communication, is in its infancy. As such, there is little, if any, specific guidance as to the restrictions under law regarding how such advertising and promotion can and cannot be done. The government agencies that are involved in the regulation of pharmaceutical product promotion have been silent as to how the internet and other such novel means of promotion should be handled; they, however, have stated that they will take an active role in regulating internet promotions. There are only a limited number of decisions dealing with legal issues involving the internet, and none involve pharmaceutical products. Nevertheless, by the very nature of the internet, information on it largely is directed to consumers. Except for current laws, regulations, and regulatory guidance, there is a dearth of specific guidance for companies who are contemplating marketing over the internet and