Learning To Love The “CFL”: US FDA’s New Communication Policy

Final guidance on communication “consistent with the label” is noteworthy for how closely it follows Obama-era draft. That may be a surprising twist given the background of the Trump-era FDA Commissioner and HHS Secretary – but on balance is probably the best possible approach for maintaining the current FDA approval climate.

Communication - old telephone

The US FDA’s decision to finalize a promotional guidance defining a new class of permitted claims that are “consistent with the label” is probably disappointing to some advocates for broad readings of the First Amendment as it applies to drug company communications.

Rather than open up “off-label” promotion entirely, FDA is sticking with the approach crafted in the waning months of the...

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