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Patient influencers are here to stay — where are the regulations?

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When Janssen approached Ren Fernandez-Kim to join its “Depression looks like me” campaign last year, the social media content creator saw it not only as an “opportunity to bring awareness” to issues of mental health, but also as a chance “to empower others to seek a safe space.”

A member of the Asian, Latin, and LGBTQ+ community who grew up in “the depths of South Baton Rouge, Louisiana,” Fernandez-Kim uses their social media platform to decrease the stigma around talking about mental health and seeking help for people with similar experiences.

“Whether it’s through (Instagram) stories or through reels, my message is continuously going to be obviously education whenever I can but also … being very transparent with my own journey with depression as well,” Fernandez-Kim said.

They’re one of countless “patient influencers” who use social media to share information about their condition to an engaged online community facing similar challenges and who are increasingly partnering with pharmaceutical companies to spread their message. Pharma giants from Janssen to Pfizer, GSK and Novartis are leveraging these internet advocates for marketing campaigns often aimed at educating, inspiring and empowering patients to share their own personal stories.

Professional headshot of Erin Willis

Erin Willis, associate professor, advertising, public relations and media design, UC Boulder

Retrieved from LinkedIn on April 14, 2023

 

But while these influencers, who at times may give medication advice to their followers, play a positive role in patient education, a recent report published by the University of Colorado Boulder also found that more regulations are likely needed to ensure trust and transparency in the information.

“This is a booming industry that’s not going anywhere,” Erin Willis, the author of the report and an associate professor of advertising, public relations and media design, said of the proliferation of patient influencers. “It’s only going to increase and so more guidance would be great.”

The regulatory landscape

The study, which is part of a larger project digging into the ethical debates around patient influencers, investigated how information about prescription medications was disseminated on social platforms. In hourlong Zoom interviews with patient influencers who partnered with Health Union, the report found similarities between the influencers’ techniques and those of other direct-to-consumer advertising.

Unlike other DTC advertising, however, the study revealed that interactions between patient influencers and their followers often go completely unseen on social media. One startling statistic from the study showed that 23% of those interviewed had in-depth conversations about prescription medications through private direct messages with followers.

And with few regulations or industry guidelines governing these types of interactions, they are quickly becoming the wild west of pharma advertising.

For instance, the FDA’s social media guidance, which hasn’t been updated since 2014, requires that all social media posts sponsored by a pharmaceutical company fairly balance risk and benefit information, but doesn’t provide clarity on private forms of social media communication.

A spokesperson for the FDA said in an email that such responsibilities don’t currently fall on the agency, and noted that “unless a physician is promoting a drug on behalf of a drug manufacturer, packer or distributor, FDA does not generally have oversight over such activities.”

And while the FTC’s 2019 guidance tackles the issue in a little more detail, noting that influencers cannot post about experiences or drugs that they haven’t tried themselves, it doesn’t discuss how regulators would go about uncovering such fabrications.

Developing guardrails

To shine a light on these interactions, the UC Boulder study recommended that regulators “scrutinize transparency and disclosure practices concerning digital platforms and unique functionalities such as long-form video, disappearing content and direct messaging,” moving forward.

Professional headshot of Amrita Bhowmick

Amrita Bhowmick, chief community officer, Health Union

Retrieved from LinkedIn on April 14, 2023

 

More specifically, Amrita Bhowmick, chief community officer at Health Union, told PharmaVoice that an equivalent of the Sunshine Act, a law requiring financial disclosures of payments between drugmakers and healthcare providers, for patients may be needed.

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