FDA Ambitious Regulation of Social Media and Corporate Responsibility

FDA regulates advertising and promotion material as labeling. The legal definition of labeling covers just about anything that explicitly or implicitly conveys a message intended to affect a person’s behavior and decision outcomes. How FDA applies its legal tenants of false and misleading information or variations on that theme requires continual updating by FDA and constant re-evaluation by industry. Now the regulatory landscape involves other federal agencies and academic principles in psychology. It has become very complicated and will prove very costly if you knowingly or unknowing walk into one of FDA’s legal snares. This webinar will bring attendees up to speed so you are clearer about what is a problem, what is not a problem and what becomes a risk laden judgment call.

Why Should You Attend:

The vehicle for communication has evolved dramatically over the past 100 years and continues to evolve at a rate faster than one can anticipate at times. Through this webinar, participants will learn how to navigate FDA’s interpretations and expectations about a firm’s marketing practices through social media. Applying a new guidance and related guidance documents becomes a new test of the FDA’s legal boundaries and enforcement options. The agency now applies the principles of cognitive psychology to aid in its determination of what a message really conveys and whether it ultimately violates the law.

This webinar will provide insight on how to manage your marketing activity and gauge what regulatory risks your business is willing to accept when it uses social media. Attendees will see how a firm’s regulatory profile requires cooperation between marketing, regulatory affairs, legal counsel, manufacturing, engineering and finance departments. They will understand that a weak link in any department leaves the entire corporation vulnerable to FDA enforcement. And above all, attendees will also begin to apply the boundaries the FDA uses now and understand how easy it is to promote yourself into a corner.

Learning Objectives:

• Learn how the FDA interprets advertising and promotion in principle and in fact
• Understand the ways a firm triggers a violation due to its social media practices
• See how sales and marketing departments play a central role, for better or worse
• Learn how the federal government holds executive management responsible for missteps in promotion and advertising practices

Areas Covered in the Webinar:

• FDA labeling vis-à-vis promotion and advertising via social media
• Direct to consumer marketing issues
• Fair and balanced information considerations
• Context of messaging and target population
• Exemptions for social media use
• Management roles and responsibilities

Who Will Benefit:

• Sales and marketing executives and managers
• Regulatory managers
• In-house legal counsel and contract specialists
• Third party consultants
• Owners and executive managers of new or developing firms of new or developing firms
• Own label distributors
• International trade managers
• Product specification developers