Watch FDA’s Social Media Reg. Changes: Lawyers

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Attorneys Sheila Boston and Candice Andalia (Kaye Scholer) say that drug and medical device companies should closely follow the evolving FDA regulatory landscape affecting company use of social media. Writing in an online blog post, they review the agency’s regulatory actions taken through Warning Letters, untitled letters, and draft guidances, and then make recommendations. “Without detailed regulations or finalized guidance, the scope of FDA’s nascent Internet and social media policies is unclear and leaves open many questions for the pharmaceutical and medical device industry,” the two write.

Their recommendations include:
         designing flexible social media policies that can change in response to additional guidance and/or regulations;         integrating social media policies into contracts with agents and celebrity spokespersons to ensure that messages etc. comply with FDA restrictions and recommended submission methods;         putting in place mechanisms for tracking Web sites and platforms on which employees, agents, and spokespersons post messages or statements about regulated products;         limiting social media to disseminating non-promotional information and/or neutral scientific medical information only; and         limiting social media advertising to those drugs, biologics, and medical devices that have few risks and clearly defined patient populations.

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