FTC Health Products Guidance: Not Just For Dietary Supplements Anymore
The FTC has updated its guidance on health products advertising for the first time in 25 years with an expanded version that includes devices.
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John Villafranco, partner at Kelly Drye & Warren LLP, says the US FTC’s ability to obtain monetary relief using the penalty offense mechanism is questionable both on statutory and Constitutional grounds. Marketers faced with civil penalties – for example, for alleged inadequately substantiated health claims – should stand their ground, he suggests in a recent interview.
Medtech Insight spoke to Sidley Austin LLP partner Jeff Senger about the challenges companies may face navigating the FTC’s updated health products guidance.
Rock Health’s Q3 update shows that funding for digital health so far in 2013 has already outpaced 2012 full-year levels. FTC emphasizes interest in mobile app claims. Some Senators want HHS to delay stage 2 of the electronic medical records meaningful use requirements. More digital health news.