FDA's Deceptive Drug Ad Focus Leaves Telehealth Sites Guessing

"The Food and Drug Administration embarked on a crackdown last month to rein in deceptive drug advertisements, including an investigation into drug promotions by paid social media influencers. The agency hasn't laid out its regulatory rationale for policing influencer messages touting compounded drugs-which are copycat or specialized versions of brand-name products that run the gamut from pain medications like naltrexone and weight loss treatments like semaglutide."

"Telehealth companies and the attorneys who counsel them say the FDA needs to clarify who is responsible for the messages paid influencers promote, especially when it comes to compounded drugs. 'There's got to be a little bit more transparency from the FDA so we can focus on what's good practice,' said Kyle Rao, president and CEO of Secure Medical, which owns an online platform called eDrugstore. The website sells a range of medical products, including weight loss drugs such as tirzepatide, from compounding pharmacies."

The FDA launched a crackdown targeting deceptive drug advertisements and is investigating paid social media influencer promotions. The agency has not clarified its regulatory rationale for policing influencer messages about compounded drugs, which are specialized or copycat versions of brand-name medications. Telehealth companies and their counsel seek clearer allocation of responsibility for influencer-promoted messages, especially regarding compounded products. The FDA issued more than 40 warning letters to compounding pharmacies and telehealth firms, signaling asserted authority. Enforcement approaches remain uncertain without additional regulation or legislation to define oversight and responsibilities.

Read at Bloomberglaw