FDA Relaxes Promotion Restrictions on Covid EUAs
FDA is relaxing advertising and promotion restrictions placed on six Covid-19 emergency use authorizations (EUA) after determining that “there may be benefit in clarifying the condition” for “EUA sponsors that wish to include in promotional materials information about the safety and efficacy data that supported the EUA’s issuance.” Previously, these EUAs restricted the sponsors from including in advertising or promotional materials any representation or suggestion that its product was safe or effective for the Covid-related use. The affected EUAs are:
- Lilly’s baricitinib
- Genentech’s Actemra (tocilizumab)
- AstraZeneca’s Evusheld (tixagevimab co-packaged with cilgavimab)
- Pfizer’s Paxlovid (nirmatrelvir tablets; ritonavir tablets)
- Merck’s Lagevrio (molnupiravir)
- Lilly’s bebtelovimab
In a 10/27 memo, FDA acknowledges that “dissemination of truthful and non-misleading printed matter, advertising, and promotional materials containing scientific information related to the authorized use of the product, when consistent with the terms and conditions of the respective authorization, can further enhance the public’s awareness of and understanding on the authorized Covid-19 therapeutic.” It also notes that such materials must include any limitations of the clinical trial data as described in the product’s labeling.
Additionally, FDA says that the EUA sponsors are required to submit their advertising/promotional materials for consideration at least 14 calendar days prior to initial dissemination or first use.