The Food and Drug Administration (FDA) is expected to issue guidance and possibly regulations regarding use of social media for prescription drug and restricted medical device marketing. These policies, while only enforceable on those product categories, should be carefully examined by manufacturers of other FDA-regulated products as well, mainly over-the-counter (OTC) drugs, food, dietary supplements and cosmetics (collectively called consumer health products).
This article, published in the Food and Drug Law Institute Update magazine, explains that because prescription and nonprescription products are subject to differing laws and regulations, the fact that FDA regulates labeling and advertising for prescription drugs and restricted devices and that FDA shares jurisdiction over consumer health products with the Federal Trade Commission (FTC) means that social media content could be considered both labeling and advertising for all of these products. As a result, many of the same considerations apply and should be taken into account by marketers of consumer health products.
Click the link below to download the full article with permission from FDLI.