In a release today on National Public Radio (NPR), the FDA announces that it seeks public input on how to regulate company’s marketing and online advertising of FDA approved products.
A lack of regulation has led to false, deceptive and misleading ads that pose a potential harm to consumers. Earlier this year, a host of pharmaceutical manufacturers and marketers(GlaxoSmithKline, Pfizer, Merck and Eli Lilly) received warning letters from the FDA for lack the legally mandated warnings (such as side-effects) in their online ads.
In an age of instant-tweeting, blogging, and Google and banner advertising – oversight is necessary to ensure consumer protection.
The FDA poses the following general questions posed to the public for commentary:
1) What online messages and chatter are regulated companies responsible for? And what’s not their problem?
2) How do companies comply with existing regulations, requiring such things as fair balance in ads, within the confines of, say, a 140-character tweet?
3) When does a company have to correct misinformation posted by third parties? Hello, Wikipedia! Some companies, the FDA said, haven’t taken action on known problems, fearing they’d then be responsible for correcting everything anywhere online.
4) To link, or not to link? is the FDA’s question. Specifically, FDA wants to know what sorts of linking is appropriate and when users find it misleading.
5) The bogeyman in the social media closet has long been chatter about side effects and other problems with products. When do companies have to report these bad experiences as recounted on the Web to FDA?
The public meeting will take place over two days, Nov. 12-13. Register for live participation, or submit electronic comments here.
Have your voice heard, contribute your opinion to the masses and help shape federal regulation today!
Ms. Filutowski has a track record of recovering over $3.0 million dollars for her clients through negotiations, arbitrations, mediations and trial.
