Face the Strange… Ch-ch-changes: Potential FDA Regulation of Social Media

AGG Partner Alan G. Minsk authored an article titled “Face the Strange… Ch-ch-changes: Potential FDA Regulation of Social Media” for the October issue of Regulatory Rapporteur magazine. An estimated two-thirds of Americans use the internet to research diseases, disorders, medicines and medical devices, and drug and medical device companies are responding by shifting their advertising focus from print to web. Within this shift-in-focus comes an interest by the companies in leveraging the use of social media networks for free advertising, as well as interaction with patients and healthcare professionals. However, this is an area that poses some real questions and dilemmas for the Food and Drug Administration (FDA) regarding regulatory affairs. The FDA has stated publicly that the same laws and regulations that apply to product promotion apply equally to online advertising and promotion, so it’s up to the drug companies to use their own judgment in predicting what the FDA will and will not deem appropriate. Mr. Minsk discusses how companies can keep track of and use recent enforcement actions by the FDA’s Division of Drug Marketing, Advertising and Communications to make educated guesses regarding restrictions in the absence of formal guidelines. To read the full article, please click here.