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Advertising Law Updates

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FDA Warns Telehealth Companies Over GLP-1 Marketing

Last week, the U.S. Food & Drug Administration sent warning letters to thirty telehealth companies, warning them about making false or misleading claims about compounded GLP-1 products.  

According to the FDA, the agency's primary concerns were over claims implying sameness with FDA-approved products and obscuring product sourcing by advertising drug products branded with the telehealth firm's name or trademark without qualification, implying they are the compounder.

In announcing the action, FDA Commissioner Marty Makary said, “It’s a new era. We are paying close attention to misleading claims being made by telehealth and pharma companies across all media platforms—and taking swift action.  Compounded drugs can be important for overcoming shortages or meeting unique patient needs—but compounders should not try to compound drugs in a way that circumvents FDA’s approval process."

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