Smart Women’s Choice Marketing Unapproved Contraceptive: FDA
FDA says its review of a Web site and social media sites maintained by Smart Women’s Choice, La Jolla, CA, indicate that the company markets its Smart Women’s Choice vaginal contraceptive cream that is legally considered to be a drug because it is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease and/or intended to affect the structure or any function of the body. A 5/19 Warning Letter relates some of the claims made on the firm’s Web site and social media pages that establish the product as a drug.
FDA says the product is not generally recognized as safe and effective for its referenced uses and therefore is considered a new drug that cannot be introduced into interstate commerce without prior approval from the agency. “There are no FDA-approved applications in effect for your product,” the letter says.
Smart Women’s Choice was told to respond with a list of specific steps it has taken to address any violations, with documentation of each step and an explanation of how it will prevent the recurrence of violations, and a timetable for completing the work.