The FDA has strict rules concerning what drug companies can say in magazines, television or newspapers, but the internet may be becoming the best way to market products. Could this potentially lead to a products liability claim because drugs may be misadvertised?
Since there is little to no regulation on the Internet, new drugs advertised incorrectly (i.e. saying they help with a condition when they really don’t) can cause serious health conditions or wrongful death if the conditions become severe.
Our firm’s San Diego personal injury attorneys understand the Internet is the way of the future in terms of reaching an audience of people, but when it comes to advertising new drugs for patients, we don’t believe the Internet is the best way, necessarily because products liability concerns.
With that in mind, drug makers, Internet companies and nonprofits filed into a meeting about the use of social media websites to promote new drugs. The two-day hearing was started on November 12, 2009 by the Food and Drug Administration in an effort to find out if the FDA needs to take greater steps in regulating advertising of new drugs on websites like Twitter, blogs or Facebook.
“Because the risk of providing inaccurate information on medical products is so high, the FDA needs to establish ongoing relationships with… websites consumers are relying on,” said the president of the National Research Center for Women and Families.
There have been proposed solutions to start regulation of drugs on websites. An editor and blogger of Pharma Marketing News, and editor of an online newsletter, said the FDA should require certain “tags” or ID codes on Twitter updates to monitor talk about a product.
A standard safety logo for Web content linking to FDA-approved information about a drug or device was also introduced by the Pharmaceutical Research and Manufacturers of America.
Our personal injury lawyers want the FDA to take greater steps in regulating online advertising before things get too out of control. With the freedom the Internet gives people, it creates a “Wild West”-type situation where it’s a complete free for all. This can prove to be very dangerous if a new drug causes a serious complication.
Call us now at 1-858-551-2090 or click here for a free consultation with an experienced personal injury attorney and find out how we can help you. We speak English and Spanish, and we look forward to providing advice for your case. No fee if no recovery.