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FDA’s Social Media Guidance Gives Firms A Pass On User-Generated Content

 
• By Brenda Sandburg

The draft guidance outlines substantial reporting requirements for websites that firms control and for content on third-party sites – as well as saying when FDA intends to use enforcement discretion.

FDA’s draft guidance on what interactive promotional materials require agency review states that firms generally will not be responsible for the statements independent people make on their social media sites.

Some lawyers pointed to the agency’s reference to user-generated content (UGC) on company sites as the key point in the

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