With the passage of the Physician Payment Sunshine Act as part of the federal health care reform law, pharmaceutical manufacturers are now required to disclose a wide range of payments made by manufacturers to physicians. We review current state regulation of pharmaceutical marketing and consider how the federal sunshine provision will affect existing marketing regulation. We analyze the legal and practical implications of the Physician Payment Sunshine Act.

In 2008 pharmaceutical companies spent over $12 billion on product promotion and detailing aimed at U.S. health care practitioners. Drug and device manufacturers rely on a workforce of detailers and physician speakers to reach health care practitioners and nudge their prescribing habits. To prevent undue influence and protect the public fisc, a number of states began regulating these marketing practices, requiring companies to disclose all gifts to practitioners, prohibiting the commercialized sale of prescription data, and prohibiting certain gifts altogether. The (...) 2010 enactment of the Physician Payment Sunshine Act marks the first Congressional involvement in the regulation of disclosure related to pharmaceutical marketing. Overall, the Act improves transparency in pharmaceutical marketing to physicians and expands the regulation of disclosure of pharmaceutical marketing activities in important substantive ways. (shrink)

In the last several years, Brazil has gained international attention as an emerging BRIC economy, was awarded the 2014 World Cup and 2016 Olympics, and elected its first female president. This has led many to declare that Brazil is emerging as a potential world power for the 21st century. In addition to improving its international stature, in the last several decades Brazil has also significantly improved the availability and quality of health care within the country. Despite these gains, however, Brazil (...) still suffers from poor maternal health. In fact, Brazil's Maternal Mortality Ratio is five to ten times higher than the rates in high-income countries. Last year, these conditions lead the United Nations Committee on the Elimination of Discrimination against Women to issue a decision declaring that Brazil was violating its international obligations to provide pregnant women with adequate health care, and to call for a reduction in preventable maternal deaths. It is against this backdrop that Brazil enacted a new law last December, Provisional Measure 557, to require pregnant women to register with the state. (shrink)