Kyle Faget on What FDA Ad Crackdown Could Mean for Telehealth Companies
Foley & Lardner LLP partner Kyle Faget shared what the U.S. Food and Drug Administration’s crackdown on pharmaceutical advertisements could mean for telehealth companies in the Endpoints News article, “Telehealth advertising comes under FDA scrutiny.”
Faget said she has been cautioning clients about this possibility for years. “There is some argument to be made that FDA is pivoting in some way, but it seems to me it’s not pivoting,” she explained. “It’s just choosing to enforce where it once had not.”
She cited the potential risks of the warning letters the FDA recently sent to telehealth companies, particularly for younger companies that are actively fundraising. Faget also noted the shift for the industry inherent in the FDA’s new enforcement focus, since before, it was a competitive disadvantage to not push the envelope in advertising.
“If everyone’s going 70 mph, and you’re the only one going 35 mph, you’ve put yourself out of step with the flow of traffic,” Faget added.
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