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Hims & Hers Under Fire Over Super Bowl Ad for Weight Loss Drug
The New York Stock Exchange featuring a Hims & Hers Health advertisement is prominently displayed in the Manhattan area of New York City.
Amid rising scrutiny, Hims & Hers is facing backlash from U.S. lawmakers regarding a controversial advertisement for its weight loss medications set to air during the Super Bowl on Sunday. In a letter addressed to the U.S. Food and Drug Administration (FDA), Senators Dick Durbin, D-Ill., and Roger Marshall, R-Kan., raised concerns about the potential deception of patients due to the ad’s lack of necessary safety and side effect information.
The advertisement titled “Sick of the System,” which the company launched online in late January, takes a critical stance against the $160 billion weight loss industry. It features visual elements that highlight existing weight loss drugs known as GLP-1s, including injection devices resembling Novo Nordisk’s popular diabetes drug, Ozempic.
In the ad, Hims & Hers asserts that these medications are “priced for profits, not patients” and promotes its own weight loss medications as “affordable” and “doctor-trusted” alternatives. A spokesperson for the company expressed commitment to compliance with existing regulations and a willingness to collaborate with Congress and the Administration to improve healthcare accessibility for patients.
While the senators do not explicitly name Hims & Hers in their correspondence, they discuss specific images from the commercial that suggest the promotion is misleading. They highlight the lack of any disclosures about potential side effects and risks associated with the advertised products, which is typically mandatory for pharmaceutical advertising. The senators observed that only three seconds of the minute-long advertisement feature a barely discernible disclaimer stating that the products are not FDA-approved.
Hims & Hers initiated the offering of compounded semaglutide, the active ingredient in Ozempic and Wegovy, in May 2023 as part of a new weight loss program. These brand-name medications can be costly, averaging around $1,000 per month without insurance. In contrast, Hims & Hers markets its compounded semaglutide for under $200 a month, making it an appealing option for many patients.
The rising demand for GLP-1s has positively impacted Hims & Hers, with its stock surging over 170% last year. Recently, shares even climbed 8%, pushing the company’s market capitalization to approximately $9.5 billion.
It is important to note that the FDA does not assess the safety and efficacy of compounded medications, which are tailored to meet specific patient requirements. These compounded options can provide a crucial alternative when brand-name medications are in short supply, which is the case with semaglutide currently, as reported by the FDA.
Furthermore, Senators Durbin and Marshall asserted that advertisements for brand-name GLP-1 drugs typically include detailed risk disclosures to inform patients about potential side effects and contraindications, including serious health implications such as issues with the gallbladder or pancreas, as well as gastrointestinal symptoms.
A statement from Durbin’s office contended that the Hims & Hers advertisement appears to take advantage of regulatory gaps concerning the promotion of compounded drugs by telehealth companies. In light of these concerns, the senators expressed their intent to introduce new legislation aimed at closing such loopholes and enhancing oversight of marketing practices that could mislead patients.
WATCH: New study reveals why patients stop taking GLP-1 obesity drugs
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