Alan Minsk Discusses GLP-1 Manufacturers’ Use of NAD Challenges in Bloomberg Law

AGG Food & Drug chair Alan Minsk was quoted in Bloomberg Law on Eli Lilly and Novo Nordisk’s use of BBB National Programs’ National Advertising Division (“NAD”) to challenge advertising for compounded GLP-1 products.

The companies have pursued NAD matters alongside federal lawsuits and cease-and-desist letters. Unlike court litigation, NAD proceedings can offer a faster, lower-cost forum for advertising disputes, and the defendant advertisers carry the burden of supporting the claims at issue. Although NAD recommendations are voluntary, matters can be referred to FDA, the Federal Trade Commission, state attorneys general, or online platforms.

Alan explained that the manufacturers are using a broad range of enforcement and dispute-resolution tools because of the significant commercial stakes surrounding branded GLP-1 drugs and compounded alternatives.

“They’re using a lot of arsenals,” said Alan. “These are big bucks for the companies and they’re trying to use all of their tools that they’ve got.”

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