Augusta:  A bill to prevent predatory marketing practices involving minors was passed into law last week

Hallowell, Maine, June 1, 2009—An Act to Prevent Predatory Marketing Practices against Minors was sponsored by Senator Elizabeth Schneider (Orono). The law prohibits collection of health-related and personal information from minors and then using that information unscrupulously. Specifically, it prohibits the solicitation of health-related and personal information about a minor who is not emancipated without the express written consent of the minor's parent or guardian. It also bans the transfer of health-related and personal information that identifies a minor or to use any of that information to market a product or service to a minor regardless of whether or not the information was lawfully obtained.

Ann Woloson, Executive Director of Prescription Policy Choices (PPC) and a parent of two minor children, applauded the legislation as an indication that both policymakers and members of the public are growing tired of industry tactics which not only jeopardize privacy but also increase health care costs. 

“As a parent, I am concerned about marketing strategies that focus on minors, including the sharing or selling of personal information in an effort to sell to minors a host of products, including credit cards,” said Woloson. “As a health policy analyst, I am particularly concerned about marketing practices being used by the pharmaceutical industry to market its products to kids.” 

“When you review pharmaceutical industry trade journals, you see a greater focus on broadening e-marketing efforts by the industry’” added Woloson. “In 2009, online ads will amount to $30 billion in the US. Minors are frequent targets of these ads via MySpace and FaceBook. They are targeted through other means, as well. For example, prescription drug makers sponsor Web sites which offer kids free MP3 downloads for answering a quiz correctly. Backpacks, lunch boxes, and other freebies including drug samples are offered for filling out online forms and submitting “personal stories.” Trade journals also identify the use of cell phone and text-messaging as a tool for reaching out to children.” 

The legislation is intended to help protect minors from the unintentional consequences of sharing personal or health-related information, such as being steered toward drugs that may be unnecessary, more expensive, no more effective, and sometimes less safe than other products on the market. Minors who share their name, address, date of birth, social security number, and other personal information are at risk of being exploited in a number of ways, including having their identity stolen and their information shared for unscrupulous marketing purposes.

PPC is a nonprofit, nonpartisan 501(c) (3) educational and public policy organization which provides objective research, information, and on-the-ground expertise on prescription drug policy. PPC’s research and policy focus is evaluating alternative policies and programs that effectively reduce prescription drug prices and increase access to medications.