Tired of all the acronyms? Employment law is full of them. EEOC,
FMLA, ADA, ADEA, ERISA, USERRA, WARN, FLSA, ECPA, OSHA, HIPAA, and
I could go on. When it comes to social media, we've
included NLRA, NLRB, and FTC in the lexicon. Here's the next
one: FDA. As in, the United States Food and Drug
Administration entering the ring of discussion by issuing its own "draft guidance" on
certain social media use.
The FDA's draft guidance solicits comments and suggestions
for the next 90 days, and constitutes the FDA's "current
thinking about how manufacturers and distributors of prescription
human and animal drug products and medical devices can respond to
unsolicited requests for information about unapproved or uncleared
indications or conditions of use related to their FDA-approved or
cleared products." What??! Say that
again?? Basically, what drug companies can do and say to
promote their products and devices in a manner other than the uses
already approved by the FDA.