Lexology July 30, 2024
McDermott Will & Emery

Misinformation shared by independent third parties presents a significant public health concern because it can lead patients and healthcare providers to forgo treatments that are safe and effective or choose treatments that are not. Such misinformation is especially harmful when it is shared by an internet user with a large following or someone who holds a position of trust, and when the misinformation relates to medical products that treat or prevent serious or life-threatening diseases. However, industry players have been limited in what they can legally say about their medical products, curtailing the ability to address harmful false statements.

On July 8, 2024, the US Food and Drug Administration (FDA) issued draft guidance on how to effectively address the growing...

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