"In addition to the cease-and-desist letters to companies that it says "deceptive ads," the FDA said in a statement that it's sending "thousands of letters warning pharmaceutical companies to remove misleading ads." And the Trump administration is closing a 1997 "loophole" that allowed drug ads to "footnote vital information" by redirecting consumers to websites and other sources for full details about pharmaceutical products, per a statement from HHS and FDA."
"Between the lines: Because Trump doesn't have authority to ban drug ads, he seems to be trying to make it "death by disclosure and rulemaking" that may not survive legal challenges, wrote Raymond James analyst Chris Meekins in a note. The length of ads will increase if companies have to disclose every side effect, driving up company costs. The cease-and-desist letters will also create more legal and regulatory risks, though it's hard to know what the FDA will choose to target, Meekins said."
The FDA is issuing cease-and-desist and thousands of warning letters to pharmaceutical companies for deceptive or misleading advertising. The administration is closing a 1997 loophole that let drug ads footnote vital information by redirecting consumers to websites and other sources for full product details. Regulators say some companies used the loophole to conceal critical safety risks in broadcast and digital ads. Officials plan to require disclosure of all critical safety facts in advertising. Analysts warn the changes could lengthen ads, raise costs, increase legal and regulatory risk, and provoke litigation or political blowback.
Read at Axios
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