Name Placement in Drug Ads Final Guidance

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FDA has posted a final guidance on “Product Name Placement, Size, and Prominence in Promotional Labeling and Advertisements.” The document clarifies the agency’s requirements and addresses circumstances under which FDA intends to not take enforcement action in such matters.

 

The guidance recommends that the established name be placed directly to the right of or directly below the proprietary name. It also recommends that the proprietary name and the established name not be separated by placement of “intervening matter that would in any way detract from, obfuscate, or de-emphasize the established name of the product or obscure the relationship between the proprietary name and the established name.” Intervening matter includes a logo, tagline, or other graphics, it says.

 

Additionally, the guidance provides hypothetical examples of established name presentations that do not have commensurate prominence with proprietary names. For electronic and computer-based promotion that contains “running text,” the agency says it does not intend to object to fewer appearances of the established name, provided that the established name accompanies the proprietary name at least once per Web page where the proprietary name most prominently appears on page. “However, if the proprietary name is not featured but is part of the running text, the established name is required to accompany the proprietary name at least once in the running text,” it says.

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