From: szycakes@juno.com
Sent: Tuesday, November 12, 2002 10:50 PM
To: fdadockets@oc.fda.gov
Subject: FDA seeking comments on commercial advertising/patent
extentions

My name is Suzanne and I am writing to offer my
comments to the US Food and Drug Administration with
regard to the FDA's authority over "commercial speech"
especially with regard to pharmaceutical companies'
advertisement of prescription drugs.
        This year, in between Bio-chemotherapy treatments
for Metastatic Melanoma, I had the need to be on several kinds 
of medications from Anti-diarrhea meds, to pain meds, to
anti-nausea and anti-anxiety drugs as well.  At one point, while
attempting to fill one of the prescriptions I had been given to
aid in my recovery in between Bio-chemotherapy rounds, I was
told I could not get the number of pills prescribed as they were
too expensive and my insurance company limited the supply.  
I was very distraught to learn this at a time this medication which 
was Zofran was needed most.  Not only did they limit how much
I could get in the prescription but they also limited me to not being
able to refill the shortened prescription for at least another 30 days!
There are often cases where a couple similiar kinds of drugs just don't 
cut it with people.  This depends on what works best with the
individual's
own system.  If these pills weren't more than $20.00 per pill
(outrageous!),
I would not have had a problem (had enough problems at the time with 
recovering) getting the much needed medication as prescribed by my
doctors.  
        What this comes down to is the high cost of advertising,
means high cost of medication.  Making exceptions to some
drug companies by extending their patents beyond the norm 
means no generic drugs, no competition, but MONOPOLY!  
        I do not believe the pharmaceutical industry needs any
weakening of advertising laws, as they already found
ways to spend over $2.5 billion in direct-to-consumer
marketing in 2000, in addition to $4 billion they spent
on marketing to doctors (not including an additional $8
billion in prescription freebies). As a result of these
heavy ad campaigns, the pharmaceutical industry was the
best performing sector of the US economy the last
several years, according to Fortune Magazine, including
a lead in every measurable growth area in 2001. Their
profits were driven largely by enormous returns on
aggressively marketed pharmaceuticals - with 34 of these
high profile drugs making up more than 50% of the
industry's skyrocketing profits. In addition to selling
to more and more consumers, drug companies are jacking
up their prices at well over the rate of inflation ?
Allegra?has gone up 11%, OxyContin up 15%, and Accutane up
nearly 23%.
        The pharmaceutical industry is preying on its most
vulnerable citizens: the sick, infirm, and aging, in its
quest for profits. The Food and Drug Administration
should maintain and improve its role as the watchdog for
what Americans consume in the name of health, rather
than assist in drug company profiteering. The FDA should
not cave into the pharmaceutical industry as was done in
1997, when relaxed rules on drug advertising initiated
this steady rise in drug costs. Instead, the FDA should
concentrate on looking out for the needs of its citizens
and assisting federal officials in finding ways to keep
costs down, not helping them rise further out of
control.

Very Sincerely,
Suzanne V.  -  (battling cancer)
Manchester, NH