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ARTICLE · 16 MARCH 2023

Pharmaceutical Advertising 2023 - Trends And Developments

Foley Hoag LLP
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In the US, prescription drug advertising is primarily regulated by the US Food and Drug Administration (FDA) under the Federal Food, Drug and Cosmetic Act (FD&C Act) and its implementing regulations...

United StatesMedia, Telecoms, IT, Entertainment
Bryant Godfrey
Bryant Godfrey
August T. Horvath
August T. Horvath
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Relevant Laws or Codes Governing Pharmaceutical Advertising in the USA

In the US, prescription drug advertising is primarily regulated by the US Food and Drug Administration (FDA) under the Federal Food, Drug and Cosmetic Act (FD&C Act) and its implementing regulations, as well as through FDA guidance documents (see 21 USC Section 352(n); 21 CFR Section 202.1). Other federal and state government entities that enforce various false and/or deceptive advertising claims (pertaining to prescription drugs) include the US Federal Trade Commission (FTC) and individual state attorneys general. Pharmaceutical company product-related statements have also drawn enforcement scrutiny from the US Securities and Exchange Commission (SEC) where investors have somehow been misled.

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