| Whose
Interests are PhRMA Protecting? A Look at Pharmaceutical
Industry Lobbying |
Special Web-only Feature
The pharmaceutical industry, often considered an untouchable
ally of Republican leadership, has suffered from a recent
bout of backlash. Republicans have partnered with Democrats
to examine the lobbying and advertising activities of
U.S. drug companies; this appraisal followed a heavy-handed
industry campaign against Congress' Emerson-Gutknecht
bill (a bill requiring that the FDA implement a system
of prescription drug reimportation). The Pharmaceutical
Research and Manufacturers of America (PhRMA) lined
up with a far-right Christian advocacy group to fight
the legislation as an abortion-rights issue. This move
angered traditional pro-life allies, and now shareholders
are asking: whose interests are PhRMA protecting?
The pharmaceutical industry has long been a first-rate
interest group. PhRMA employs one of the largest lobbying
staffs on K Street, makes hefty political contributions,
and funds extensive issue advertising campaigns; and
the trend has been increasingly partisan. In 1990, for
example, Bristol-Myers Squibb Company donated $150,
260 to political candidates, with 31% reaching Democrats
and 69% reaching Republicans. By 2002, Bristol-Myers
Squibb was donating $1,590,813 to politicians, and only
16% went to Democrats (opensecrets.org).
PhRMA's political power has set the stage for industry-wide
business strategies. Political connections have helped
drug companies to battle price restraints, stretch patent
guidelines, and avoid litigation. PhRMA's actions have
not been without consequence. A 2003 poll conducted
by Advanstar Communications found that only "13%
of people regularly believe a pharmaceutical company
statement," and 57% feel that pharmaceutical companies
should be subject to more government regulation.
PhRMA's tactics have alienated consumers and regulators.
Negative press and uncompromising policies are threatening
to marginalize drug companies in the public sphere.
Corporate resources have gone towards lobbying, aggressive
marketing and legal fees; these same resources, poured
into socially responsible actions, could help stop the
reputational hemorrhaging and protect shareholder value.
The industry has tried to rebound and appear in touch
with consumer needs. PhRMA publicly supports the expansion
of health care, especially Medicare coverage for the
elderly. President Alan F. Holmer called on Congress
to pass "meaningful prescription drug coverage."
The group's understanding of "meaningful"
coverage, however, is limited. According to PhRMA, prescription
drug coverage should be provided by the private sector,
with no room for the large purchasing blocks that the
government uses to negotiate better consumer deals.
When a new Medicare drug benefit emerged under Bush,
PhRMA spokeswoman Jackie Cottrell admitted that PhRMA
provided an "unrestricted educational grant"
to the United Seniors Association. The USA is a strong
partisan organization of retired GOP staffers and corporate
executives, including Craig Shirley, whose P.R. firm
represents the Republican National Committee. The PhRMA
money financed USA's $16 million issue ad campaign.
While House and Senate versions of the bill differ,
both include the private sector partnerships essential
to PhRMA's strategy.
This heavy-handedness has upset more than just the
usual opponents. Despite the industry's opposition,
the new reimportation bill passed in the House, 243-186.
The bill would allow U.S.-exported drugs to reenter
the country at foreign, government-controlled prices.
American drug companies, resistant to a national drug
-pricing program, would be faced with imported price
controls. To avoid this embarrassing loss, the industry
turned to the Traditional Values Coaliton (TVC), a Christian
advocacy group, to fight the legislation.
TVC is known in Washington as "Rent-A-God."
PhRMA used the group as a front for its own operation,
not wanting to attach its name to an unpopular pro-life
position. As Alan Murray of the Wall Street Journal
stated, "(PhRMA) has euphemistically named organizations
like 'Citizens for Better Medicare' and 'United Seniors'
to launder its message. Little wonder people ask: What
are these guys trying to hide?"
PhRMA did not publicly lend support to the TVC campaign;
it did, however, privately lend cash and lobbying staff.
Andrea Sheldon Lafferty, TVC's executive director, distributed
a letter to lawmakers stating that the bill would provide
greater access to mifepristone, an abortion-inducing
drug, and would "effectively repeal" a law
that prohibits the postal sale of abortion products
(kaisernetwork.org). Computer records revealed that
Tony Rudy, a lobbyist for the pharmaceutical industry,
wrote the letter's initial draft.
According to the Washington Post, Sheldon Lafferty
also distributed a memo linking reimportation to mifepristone
availability. The memo was first drafted by PhRMA's
senior vice president, Bruce Kuhlik.
Lawmakers believe that the pharmaceutical industry
managed TVC's direct-mail campaign as well. The mailings
contained abortion drug warnings and pictured newborns
with captions reading, "do not miss an opportunity
to protect the sanctity of life." Rudy has been
linked to the mailing's funds, and Rep. Dan Burton (R-Ind.)
commented, "I am confident, in fact I am dead sure,
that the Traditional Values Coalition did not have the
money to mail this kind of trash out to congressional
districts all across the country."
Pro-life Republicans were infuriated at the industry's
link between drug access and abortion. Principled religious
advocacy groups, including Catholic organizations like
the National Catholic Social Justice Lobby (NETWORK),
supported reimportation regardless of TVC's clumsy campaign.
House Republicans circulated a paper that challenged
TVC's claim, explaining that reimported drugs would
have to adhere to FDA guidelines (mifepristone is only
available with a doctor's prescription). Enraged by
the sham campaign, the Values Action Team, a coalition
of conservative lawmakers and outside groups, expelled
TVC from its organization.
In the end, money, and not abortion, was the deciding
factor in the reimportation vote. According to Capital
Eye, lawmakers who voted against the bill (in the industry's
favor) raised an average of $39, 813 in individual and
PAC contributions from pharmaceutical companies between
1989 and 2002. Members who voted for the bill raised
an average of $13, 917. In the 2002 election cycle alone,
members against the bill averaged $14, 958 in pharmaceutical
contributions, and those for averaged $4, 058.
PhRMA's reimportation campaign demonstrated a fundamental
misunderstanding in how political capital should be
raised and spent. The industry targeted its own allies,
and again tinged its reputation. It is time for shareholders
to reign in PhRMA, refocus corporate resources, and
craft solutions that both corporate management and consumers
can live with.
Article written by Ilana Zimmerman, ICCR intern
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