The Darkening Drug Mood

As never before, advertising claims are being investigated by critics who question their honesty and wonder about their impact on lifestyles. On two fronts last week, the manufacturers of over-the-counter drugs were involved in controversy over their advertising:

"It is advertising," says Utah's Senator Frank E. Moss, "which mounts so graphically the message that pills turn rain to sunshine, gloom to joy, depression to euphoria and solve problems and dispel doubts." Moss's indictment reflects a growing Government concern that ad campaigns for proprietary drugs --notably sleeping pills, sedatives, stay-awake stimulants and analgesics--may be contributing to the alarming spread of drug abuse.

At the prodding of Moss and others, the Federal Trade Commission has just begun a study to determine advertising's part in creating a mood for drug use and what, if anything, should be done about it. The FTC will make a preliminary report of its findings on Sept. 1. Soon after, Moss, who is chairman of the Senate's consumer subcommittee, plans to hold hearings that could lead to legally binding guidelines for drug advertising. In California, a bill was introduced last January to require every drug manufacturer advertising in the state to spend a quarter of its promotion budget on anti-drug education. The bill's sponsor, Assemblyman William Campbell, agreed to defer hearings until he could assess the results of a campaign against drug abuse that the Advertising Council is sponsoring.

Though there is no firm evidence that ads create the mood for drug taking, J.N. Cooke, chief of the Proprietary Association, a trade group of manufacturers of over-the-counter drugs, says that some "hard sell" ads may have lent credibility to the charge. His organization is reviewing the ads of all member firms to assess their influence on drug abuse. Proprietary drug producers, who last year spent about $118 million in advertising 48 brands of headache, tension and drowsiness remedies, are slowly moving to soften their messages. Jeffrey Martin Inc.. manufacturer of Compoz, "the little blue pill'' sedative, has tacked a caveat to the end of its commercials. "When needed take only as directed; only for the purpose specified." an announcer recites. "Remember: Use, do not abuse!"

In a second important development, one of the industry's leading producers of analgesics is being sued for false advertising. Two weeks ago, representatives of three consumer groups in Washington brought suit against Bristol-Myers, complaining that its ads for Excedrin were "false, misleading and deceptive." The ad's message: "In a major hospital study: two Excedrin worked better in relieving pain than twice as many aspirin." The complaint is the result of a study made by Ralph Nader's Center for Study of Responsive Law, which challenges the validity of the hospital tests on which the Excedrin comparison is based. Bristol-Myers officials call the suit "irresponsible" and maintain that their message is "honest and accurate."

The plaintiffs seek an injunction against the claim, an admission that the ads were false, and cash awards for all consumers who consider themselves deceived. One of the Excedrin ads in question shows Actor David Janssen, who had played a doctor in a television series, delivering the pitch in Atlantic City, the site of many medical conventions. NBC was sufficiently skeptical of the claim to ban the Janssen commercial.

Seeking Fast Relief. The consumer groups went to court partly because of their impatience with the slow pace of FTC actions against questionable advertising. Only after ten years of dickering did the commission crack down on the J.B. Williams Co.'s claims that its Geritol and FemIron remedy tiredness, loss of strength or nervousness. The FTC turned the case over to the Justice Department, which is suing for $1,000,000 in penalties against Williams and its agency, Parkson Advertising. Similarly, the FTC has been investigating the advertising promises of Excedrin, Anacin, Bufferin, Bayer, St. Joseph aspirin and other analgesics since the early 1960s. It has issued complaints and proposed guidelines, but its efforts remain bogged in the courts on procedural technicalities.

The consumers' case against Excedrin has substantial legal significance. The plaintiffs are laying claim to some of the powers of the FTC and the Justice Department, which previously have instituted all court actions against questionable ads. If the plaintiffs win, any private groups or individuals could bring suit against all advertising that they believe to be deceptive.

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