The FDA Crackdown on Pharmaceutical Search Marketing

For once I agree with the FDA, sort of. As a search marketer, and having worked with three of the companies mentioned in the FDA’s recent letter about search marketing (and two not mentioned) I will admit that I agree with 90% of their ruling. Historically, we find a prevailing 1-click mentality (where additional important information is located on the landing page, immediately after a consumer clicks on an ad) in the minds of most advertisers when it comes to warnings and precautions related to online pharmaceutical marketing. As their letter makes clear, the FDA has become more “online savvy” lately and has clearly stated that current search practices for pharmaceutical companies do not cut it.

This ruling is a long time coming. As search marketing continues to thrive, it is no wonder that everyone is up in arms. However, pharmaceutical marketers should be able properly respond to letter’s implications if they are properly tracking their site traffic and have put the necessary resources and money behind SEO. While I don’t expect to see an overnight elimination of Canadian drug companies ownership of paid brand searches, with proper tracking one can better understand the overall traffic loss created by the FDA’s decision.
Despite the FDA’s savviness, they ignored one bizarre exception: an advertiser is allowed to run an unbranded ad, with a phantom url, that drives consumers/patients to a brand site. As long as there is no claim or distinct language in the copy, the FDA does not deem this as a violation. For example:

This is a classic bait and switch tactic that is illegal in all other forms of advertising. However, somehow the FDA ignored addressing this tactic after having been so cautious with claims. Taking off my marketing hat and thinking as a consumer, I would immediately be turned off by this strategy and hit the dreaded “back button.” Just because the FDA currently allows this tactic, it’s a bad strategy for pharmaceutical marketers and I will be watching this space to see which brands elect to go down this route.  What do you think?