The Food and Drug Administration (“FDA”) recently issued two draft guidance documents relating to the use of Twitter and other social media by drug and medical device companies. Emphasizing that companies must give a balanced presentation of their products, the Agency stated that companies must provide risk information along with any benefit information within a tweet or similar promotional message.
The FDA also provided guidelines for companies wishing to respond to misinformation posted on blogs or other social media platforms. The Agency stressed that, while a company has no obligation to correct independently-posted information, any correction must consist of truthful and non-misleading information that, among other requirements, is limited to the scope of the misinformation and non-promotional in nature. A more detailed update highlighting main compliance points and areas of risk can be accessed here.