Wolters Kluwer Legal Scholar Winner: PhRMA and MIWG Challenge the Constitutionality of the FDA’s Twitter Guidance

The Food and Drug Administration (“FDA”) recently released a draft guidance for pharmaceutical companies looking to advertise on Twitter, Guidance for Industry Internet/Social Media Platforms with Character Space Limitations— Presenting Risk and Benefit Information for Prescription Drugs and Medical Devices. The guidance makes it illegal to advertise only positive benefits of drugs on social media without having a negative effect in the same posting. Since the release of the guidance in the June of 2014, the pharmaceutical companies have responded with a chorus of objections and outcry. One of the more interesting objections the pharmaceutical industry has raised is that the draft guidance is unconstitutional.

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