FDA’s Scrutiny Of Social Media Off-Label Promotion
Recorded Webinar | Casper Uldriks | From: Feb 18, 2020 - To: Dec 31, 2020
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FDA’s regulation of social media operates as a moving target. What is OK or not OK remains vague, perhaps purposely so. All social media platforms provide an easy common way to cross the FDA’s legal boundaries for “misbranding” your product, whether knowingly or unknowingly. In the end, your firm’s executive management ends up with the legal responsibility for the enforcement action. A regulatory monster lurks in areas where you fail to take the initiative to check what is being said about your products and how you manage that dynamic of making claims. A failure to include an audit of social media platforms may end up surprising you with an unwelcome warning letter from the FDA that explains how you are in violation of FDA law. No one, especially your senior management, wants to be facing a problem with the FDA based on your failure to pre-emptively act on claims made in social media. You need an assertive defense.
FDA regulates how firms advertise and promote their products in social media, which creates a tricky regulatory risk of enforcement action when firms step over the FDA’s somewhat mysterious advertising and promotion boundaries. What you or someone else says about your product, whether true, false or misleading, becomes a target for FDA’s legal hammer.FDA can levy fines, issue Warning Letters and even an injunction or prosecution end up creating a corporate crisis and confusing your customers or driving them away.
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Course Level - Basic and Intermediate
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