Alan Minsk, AGG Food & Drug practice chair, was quoted in a Law360 article discussing how FDA has maintained a brisk pace of enforcement in the first half of 2026.
“Clearly, we are not slowing down when it comes to scrutiny of direct-to-consumer prescription drug ads,” Alan said.
FDA has issued 17 untitled letters as of June 22, 2026, that cover a range of promotions, such as television and social media ads, webpages, a patient brochure, and an email to all medical providers, all flagged by FDA as misleading.
Alan noted that the letters show an increased emphasis on “net impression,” or what an ordinary consumer might take away from the advertisement, not just isolated wording problems. “I think what FDA is saying is, ‘Keep in mind, particularly if it’s direct-to-consumer, that you have to really think about the average consumer,” Alan stated.
To learn more, please click here (subscription required).
- Alan G. Minsk
Partner
