Medical experts told lawmakers Wednesday that new television advertisements for medical devices pose even greater risks to patients than ads for drugs, which have been scrutinized for years.
The Senate Aging Committee hearing was focused on whether new restrictions are needed on consumer-directed advertisements for artificial knees, heart devices and other medical implants.
Magazine and TV spots have been a staple of pharmaceutical marketing for over a decade, with the industry spending over $5 billion on such efforts last year. While spending by the device industry is minuscule by comparison, several of the biggest players are adapting similar high-profile tactics.
Johnson & Johnson currently promotes its orthopedic hips with a TV advertisement featuring Duke University basketball coach Mike Krzyzewski. Biomet has promoted its competing products with spokeswoman Mary Lou Retton, an Olympic gymnastics champion.
Unlike ads from pharmaceutical companies, medical device spots are not required to give equal balance to risks and benefits of their products. Because of that, they can “create unrealistic expectations among patients and lead to overutilization of inappropriate and costly, unproven technologies,” said Kevin Bozic, a board director of the American Association of Orthopedic Surgeons.
AdvaMed, which represents industry leaders like Medtronic and Boston Scientific Corp., disagreed, arguing that marketing “is a powerful education tool” that helps patients learn about important new treatment options.
Committee Chairman Sen. Herb Kohl, D-Wis., asked AdvaMed President Stephen Ubl whether some advertisements overstate the benefits of devices.
After playing the J&J advertisement featuring Krzyzewski – which shows a number of people playing various sports – Kohl asked, “Is it typical for hip replacement patients to be able to jump rope, surf and swim?”
Ubl declined to comment on the advertisement.
Other experts told lawmakers that device advertisements are more deserving of restrictions than those for drugs because the implants often involve greater risks.
While all drugs have side effects, taking a pill for insomnia or impotence is nowhere near as risky as having a medical device surgically implanted, according to Dr. William Boden, a professor at the University of Buffalo.
Boden pointed to a recent ad for Johnson & Johnson’s Cypher stent, which he said “crossed the line” in touting the benefits of a device to millions without mentioning the sometimes fatal complications of surgery. Stents are mesh-wire tubes used to prop open arteries after they have been cleared of fatty plaque deposits.
Boden recommended a ban on advertisements for medical devices for at least two years after they are approved. Democrats have pushed for similar restrictions on the drug industry, but without much success.
Kohl said he may consider proposing similar restrictions for medical device makers, and on Wednesday he pressed a Food and Drug Administration official on whether the agency needs more resources and authority to oversee device marketing.
Daniel Schultz, who runs the FDA’s device center, said only that he hoped actions by Congress would improve public health and not just create more regulations.
“There are a lot of things that could be done, the question is what should be done to get the ultimate outcome of improved public health,” Schultz said.
“Mufasa: The Lion King” and “Sonic 3” Rule Box Office For 1st Weekend Of 2025
The Walt Disney Co.'s "Mufasa: The Lion King" claimed the No. 1 spot on the North American box office charts over the first weekend of 2025.
The photorealistic "Lion King" prequel earned $23.8 million in its third weekend, according to studio estimates Sunday. Paramount's "Sonic the Hedgehog 3," which has dominated the past two weekends, wasn't far behind.
"Sonic 3" stayed close with a 3-day estimate of $21.2 million, bringing its total domestic earnings to $187.5 million and helping the overall franchise cross $1 billion worldwide. "Mufasa's" running total is slightly less, with $169.2 million.
In third place, Focus Features' "Nosferatu" remake defied the fate of so many of its genre predecessors and fell only 39% in its second weekend. Horror films typically fall sharply after the first weekend and anything less than a 50% decline is notable. "Nosferatu," which added 140 screens, claimed $13.2 million in ticket sales, bringing its running total to $69.4 million since its Christmas debut. The film, directed by Robert Eggers, already surpassed its reported production budget of $50 million, though that figure does not account for marketing and promotion expenses).
No new wide releases opened this weekend, leaving the box office top 10 once again to holdovers from previous weeks. Several have been in theaters since Thanksgiving. One of those, "Moana 2," claimed the No. 4 spot for Disney in its sixth weekend in theaters. The animated sequel earned another $12.4 million, bumping its global total to $960.5 million.
The Bob Dylan biopic "A Complete Unknown," dipped only slightly in its second weekend, bringing in $8.1 million. With $41.7 million total, it's Searchlight's highest grossing film since Disney acquired the company in... Read More