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The role of the Federal Trade Commission in advertising health products and services.

The Federal Trade Commission plays a unique role in enforcing well-established standards ensuring that consumers can make informed purchase and use decisions about health-related products and services based on truthful, non-misleading advertising claims while encouraging competition. Deceptive and unfair practices are defined. The importance of the "net impression" that ads convey to consumers and the need for substantiation of objective, factual claims is explained. The FTC uses its enforcement powers and consumer and industry outreach to create a climate for preventing misleading advertising.

Advertising↗

The role of the Federal Trade Commission in advertising health products and services.

The Federal Trade Commission plays a unique role in enforcing well-established standards ensuring that consumers can make informed purchase and use decisions about health-related products and services based on truthful, nonmisleading advertising claims. Deceptive and unfair practices are defined. The importance of the "net impression" that ads convey to consumers and the need for substantiation of objective, factual claims is explained. The FTC uses its enforcement powers and consumer and industry outreach to create a climate for preventing misleading advertising.

Journal Article↗

Physicians under siege: the Federal Trade Commission versus the physicians of St. Francis Hospital.

This article concerns the Federal Trade Commission's recent consent agreement with Preferred Physicians, Inc. ("PPT"), a corporation formed by physicians for the purpose of negotiating with HMOs and PPOs. The author comments on PPI's agreement not to negotiate on behalf of any PPI member unless and until PPI becomes an "integrated joint venture." and suggests how to insulate a physician joint venture from antitrust liability.

Delivery of Health Care↗

The Federal Trade Commission, clinical integration, and the organization of physician practice.

This article examines Federal Trade Commission (FTC) policy--in particular, the agency's controversial 1996 statements on clinical integration--toward joint negotiations for nonrisk contracts with health plans by physicians organized into independent practice associations (IPAs) and (with hospitals) into physician-hospital organizations (PHOs). The article concludes that the policy is consistent with anti-trust principles, consistent with current thinking on the use of organized processes to improve medical care quality, specific enough to provide guidance to physicians wanting to integrate clinically, and general enough to encourage ongoing innovations in physician organization. The FTC should consider stronger sanctions for IPAs and PHOs whose clinical integration is nothing more than a sham intended to provide cover for joint negotiations, should give the benefit of the doubt to organizations whose clinical integration appears to be reasonably consonant with the statements, and should clarify several ambiguities in the statements. Health plans should facilitate IPA and PHO efforts to improve care by rewarding quality and efficiency and by providing clinically integrated organizations with claims information on individual patients. Though creating clinically integrated organizations is difficult and expensive, physicians should recognize that clinical integration can help them both to gain some negotiating leverage with health plans and to improve the quality of care for their patients.

Antitrust Laws↗

The probable effects of Federal Trade Commission actions on dentistry and dental education.

For the last several years the Federal Trade Commission has been actively involved in investigation and legal action within the market for dental services. The essence of FTC policy has been to promote competitive market forces in the dental care sector. This intervention has produced and will continue to produce several direct and indirect effects on dental education. By shaping the rules of the game for the dental services market and by influencing the income prospects for dental practice, the FTC's forays will alter the type of training and knowledge demanded by dental school applicants, the quality of the applicant pool, the mix of practice settings selected by newly graduated practitioners, the nature of school-based clinical practice, and the process and content of the dental school curriculum.

Advertising↗

The Federal Trade Commission and physician practice.

Obtaining the best possible managed care contracts is important to physicians. Banding together with other practices to obtain more favorable payment could seem a legitimate business prac tice. Physicians competing in the same specialty in a market area must be acutely aware of federal antitrust rules to avoid improper collusion. The Federal Trade Commission is reviewing collaborative activities and seeking settlement agreements with physician organizations it determines have violated antitrust laws and regulations. Physicians and administrators should be aware of these actions, know what triggers a review, and understand what collaborative activities they may participate in to further their business interests. This article reviews Federal Trade Commission application of federal antitrust rules and recent advisory opinions, and their implications for practice.

Antitrust Laws↗

'Treatment mills' under the Federal Trade Commission Act.

This paper is based on a presentation made by the author at the meeting of the American Urological Association's Society for the Study of Impotence on April 12, 1997. The author addresses the general applicability of the Federal Trade Commission Act to advertising by so-called impotence 'treatment mills,' focusing in particular on the Federal Trade Commission's case in the matter of Genetus Alexandria, Inc. et al.

Advertising↗

Physician agreements to control medical prepayment plans: Federal Trade Commission. Adoption and publication of enforcement policy with respect to physician agreements to control medical prepayment plans.

The Federal Trade Commission has adopted, and is publishing with this notice, a statement of enforcement policy with respect to physician agreements to control medical prepayment plans. The statement sets forth the general approach the Commission intends to use in its case-by-case enforcement program for evaluating physician agreements to form, operate, or control such plans and for evaluating the practices of plans that are controlled by a group of physicians.

Economic Competition↗

Smoker intake from cigarettes in the 1-mg Federal Trade Commission tar class.

Cigarette yields measured by the standard analytical procedures of the U.S. Federal Trade Commission (FTC) may not be sufficiently informative to smokers of low-yield brands because actual intake is likely to depend mainly on the aggressiveness of personal behavior. This study determined intake in smokers of 1-mg FTC tar class cigarettes, as they switched brands. Plasma cotinine levels, used as a marker of intake, spanned over a similar range of values from nondetectable to about 800 ng/ml in all brands tested. Pharmacokinetic considerations suggest that smokers of these brands--as a group--intake nicotine in excess of posted FTC values. However, mean values across smokers for each brand, as well as the brand differences in individual smokers, were closely proportional to the analytical differences of FTC nicotine yields for each brand smoked. Thus, standard analytical values may not predict absolute intake of smoke, but they appear to inform about the relative intake smokers can expect from different brands in the 1-mg FTC tar class.

Adult↗

Medical staff privileges and the antitrust laws: a view from the Federal Trade Commission.

This article describes the types of medical staff credentialing and peer review activities that invite the scrutiny of the Federal Trade Commission. To avoid antitrust problems, medical staffs and their members are advised to offer recommendations based on specific quality-of-care concerns. Antitrust problems will arise, however, if the medical staff or its members engage in collective activities that involve threats or coercion directed at the hospital's governing board or that are calculated solely to exclude an entire class of potential competitors.

Antitrust Laws↗

Should the federal trade commission allow dentistry to require its members to adhere to a high standard in advertising?

The California Dental Association (CDA) has been engaged in a dispute with the Federal Trade Commission (FTC) for over ten years. At issue is whether CDA's advertising restrictions have the effect of prohibiting truthful and nondeceptive advertisements and whether this constitutes a violation of Section 5 of the FTC Act. The case is now before the Commissioners of the FTC; they must decide whether their staff or CDA is correct in interpreting the law. This paper reviews the basics of antitrust law, the facts in the record, and how the Commissioners might resolve some of the questions presented by this case.

Advertising↗

Biomarkers of exposure and potential harm in adult smokers of 3-7 mg tar yield (Federal Trade Commission) cigarettes and in adult non-smokers.

The paper reports levels of 24-h urine nicotine and five of its major metabolites (expressed as nicotine-equivalents) and blood carboxyhaemoglobin as biomarkers of exposure to particulate- and gas-phase cigarette smoke, respectively, from an exploratory pilot study of adult smokers of 3.0-6.9 mg tar delivery (Federal Trade Commission (FTC) method) cigarettes. On multiple occasions over 6 weeks, blood high-sensitivity C-reactive protein (hs-CRP), fibrinogen, HDL- and LDL-cholesterol, and 24-h urine 8-epi-prostaglandin F2alpha (8-epi-PGF2alpha) and 11-dehydro-thromboxane B2 (11-dehydro-TxB2) were also evaluated as biomarkers of potential harm. All the biomarkers examined, except for LDL-cholesterol, discriminated with high sensitivity and specificity between adult smokers and non-smokers overall. Except for HDL-cholesterol, all biomarker medians were greater in adult smokers than in non-smokers: urine nicotine-equivalents 64.514 versus < 0.034 nmol mg-1 creatinine (p<0.001), carboxyhaemoglobin 4.0 versus 0.4% saturation (p<0.001), hs-CRP 0.27 versus 0.12 mg dl-1 (p=0.05), fibrinogen 292 versus 248 mg dl-1 (p<0.001), HDL-cholesterol 46 versus 53 mg dl-1 (p=0.003), LDL-cholesterol 119 versus 109 mg dl-1 (p=0.18), urine 8-epi-PGF2alpha 1935 versus 1034 pg mg-1 creatinine (p<0.001) and urine 11-dehydro-TxB2 973 versus 710 pg mg-1 creatinine (p<0.001). All the biomarkers of exposure and most of the biomarkers of potential harm showed no time of sampling (by visit week) effect.

Biomarkers↗