FDA Targets Misleading Influencers, Social Media Ads

Under the Biden administration, federal drug regulators have homed in on misleading or imbalanced claims on social media, and early evidence shows those efforts will be a key focus in 2022. According to legal experts, pharmaceutical companies and medical device manufacturers that turn to influencers, celebrities and popular social media channels to promote their products should heed compliance warnings.

The FDA, through its Office of Prescription Drug Promotion (OPDP), issued six enforcement letters — two warning letters and four untitled letters — to pharmaceutical companies in 2021. While drugmakers continue to operate in an era of relatively low-volume enforcement (the FDA also issued six enforcement letters in 2020, down from more than 50 warnings a decade before) the areas of focus are evolving, according to a Jan. 25 webinar hosted by law firm King & Spalding LLP.

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