Bayer and the Marketing of Yaz and Yasmin
Although Yaz and Yazmin are both contraceptive pills, there are some material differences between them. Yazmin, unlike Yaz, is marketed as being a treatment against acne and PMDD. While Yaz is taken on a 24/4 cycle, Yazmin is taken on a 21/7 cycle. However, until October 2008 both contraceptive pills were advertised as very similar which may have lead to consumer confusion.
Both Yaz and Yasmin were aggressively marketed on the basis that they were effective in treating all forms of acne and PMS. However, the FDA had never approved the drug in connection with either of these uses, but had only approved it in connection with moderate acne and PMDD, a more rare and much more serious type of pre menstrual disorder.
Bayer failed to provide adequate warning or notice of the risks of the very serious side effects and potentially life-threatening conditions associated with taking the drug. Bayer marketed the drugs on TV in advertisements entitled “Not Gonna Take It” and “Balloons”. One of the commercials contained a song “Good Bye To You” in which women released balloons into the air. Each of these balloons was labelled with a symptom associated with pre-menstrual syndrome, such as “bloating”, “irritability’ and “moodiness.” The effect of this commercial was to suggest to consumers that Yaz freed women from the unpleasant symptoms associated with pre-menstrual syndrome (PMS). The other commercial depicted women singing “We’re not gonna take it” as they punched, kicked and pushed balloons with similar labeling to the previous commercial.
The FDA’s drug marketing division found that the TV ads for Yaz minimized the risks and side-effects of taking the drug by using distracting images, frequent scene changes and background music. The FDA wrote to Bayer and asked them to stop the broadcasts of these advertisements, ordering them to provide only “truthful, non-misleading and complete corrective messages” for the benefit of consumers who may have been exposed to the previously misleading advertisements. The FDA warning letter also said that each of the Yaz ads gave the impression to consumers that it was an effective treatment of all types of acne, from mild to severe. In fact this was misleading: the FDA only approved Yasmin as a treatment for moderate acne. Most worryingly, the FDA stated that the advertisements had the effect of minimizing the risks to women’s health.
If you or a loved one has experienced side effects after using Yaz or Yasmin, or if you took Yaz or Yasmin after seeing a commercial on television, talk to a specialist attorney about your case today.
