The FDA invites consumers to report misleading advertisements.
The United States Food and Drug Administration (FDA) has devised a series of regulations governing companies' advertising practices. These regulations are designed to promote public safety and understanding and ensure that companies do not mislead consumers about their products. These regulations cover all forms of advertisements, in particular television and radio commercials, and the use of the FDA logo.
Direct to Consumer Advertising Regulations
The Federal Food, Drug and Cosmetic Act regulates the promotion of prescription drugs. This act requires that all prescription drug advertising is truthful and not misleading. Advertisers and drug companies are required to present an equal balance of both the benefits and the risks of a particular drug. This balance includes listing any possible side effects that occur as a result of taking the drug, instances when the drug should not be used and the drug's overall effectiveness. The drug's established name and its quantitative composition should also be included in the advertisement. In 2010, the FDA put forward amendments to this act that would require drug companies to list the side effects and contraindications in a clear, conspicuous and concise manner so as to not cloud their meaning. Under this new amendment, a drug's effectiveness can continue to be presented in whatever manner the company chooses.
Tobacco Advertising Regulations
The FDA strictly regulates the advertising of tobacco and tobacco products. Unlike other products that can be promoted in all media outlets, tobacco products cannot be advertised in televised or radio commercials. Audio and visual advertisements are permitted, but only at a point-of-sale location. In all other instances, tobacco products can only be advertised in newspapers, magazines and periodicals or on billboards and posters, point-of-sale promotional material and non-point-of-sale material such as direct mail. Any retailer or manufacturer that wishes to promote a tobacco product in a different medium must give notice to the FDA at least 30 days in advance and relate the extent to which people under 18 years of age will see the advertisement.
FDA Logo Use Regulations
Companies are not permitted to use the FDA logo to suggest an endorsement of a product. Misleading the public into believing that the FDA endorses a particular product can violate federal law and lead to criminal charges. Rather than citing an endorsement, under the Food and Drug Modernization Act of 1997, companies are permitted to declare their product as FDA approved, provided they have received a letter corroborating this fact. It is considered misbranding for a company to claim FDA approval in an advertisement when it has received the pre-market approval but not approval for the actual product.
Tags: Advertising Regulations, Food Drug, tobacco products, drug companies, radio commercials