Drug Companies Must Assume Messaging Risks: Attorneys
Two Arnall Golden Gregory attorneys say that drug companies that want the benefits of specific messaging must assume the risks of that messaging. Commenting on a CDER Office of Prescription Drug Promotion untitled letter to Bausch Health Companies about the promotion of its Duobril (halobetasol propionate and tazarotene) topical lotion, the attorneys say that companies can’t rely on third-party programs such as a TV show or conference to ensure a promotion complies with FDA requirements, particularly if the company intends to use the material for its own purposes.
The post also says that companies are responsible for the statements and actions of their spokespeople (in this instance, a doctor and a patient). “While the statements made might have been the individual’s personal experience,” the attorneys say, “they cannot run afoul of FDA’s promotional requirement, certainly if they are not supported by sufficient data for claim substantiation.”
“To be compliant, don’t ignore FDA,” the attorneys conclude.