Nathaniel Lacktman Comments on FDA's Drug Advertising Crackdown
Foley & Lardner LLP partner Nathaniel Lacktman commented on the recent wave of enforcement actions over pharmaceutical advertising by the U.S. Department of Health & Human Services and Food & Drug Administration in the Bloomberg Law article, “FDA Signals More Oversight of Compounders in Drug Ads Crackdown.”
“The FTC certainly has more broad jurisdiction over truthfulness and advertising and consumer honesty and non-deception,” Lacktman, Foley’s national Telemedicine & Digital Health Industry Team chair, said of drug compounders’ arguments that their advertisements instead fall under FTC purview.
Telehealth companies could argue their ads are for clinical conditions and not a specific drug product, however, “there could be a better, more persuasive argument if the ads themselves were limited just to ‘hey, we as a telehealth company diagnose and treat A, B, C conditions,’” he added.
For more information on telemedicine, telehealth, virtual care, remote patient monitoring, digital health, and other health innovations, including the team, publications, and representative experience, visit Foley’s Telemedicine & Digital Health Industry Team.
