The Food and Drug Administration recently sent a warning letter to drug manufacturer Duchesnay, Inc. after Kim Kardashian posted an allegedly misleading endorsement of the company’s morning sickness drug, Diclegis, on her Instagram and Facebook accounts. 

The Food and Drug Administration recently sent a warning letter to drug manufacturer Duchesnay, Inc. after Kim Kardashian posted an allegedly misleading endorsement of the company’s morning sickness drug, Diclegis, on her Instagram and Facebook accounts. The post promoted the drug’s effectiveness at treating Kim Kardashian’s morning sickness and contained a link to the manufacturer’s website where safety information could be found, but did not include any details about potential risks, side effects, or limitations on the drug’s use. According to the FDA, this failure to communicate “risk information” and omission of “material facts” both rendered the post misleading and misbranded Diclegis under the Food, Drug, and Cosmetic Act. The FDA’s letter also criticized the post for suggesting that the drug was “safer than has been demonstrated,” pointing to Kim Kardashian’s claim that “it’s been studied and there was no increased risk to the baby.”

TIP: While Kardashian disclosed within the post that she was “partnering with Duchesnay,” thereby arguably disclosing a material connection to the company as required by FTC guidance, the post allegedly failed to comply with FDA requirements by not including all facts that are material in light of the representations made, including risk information and limitations of use. This is another reminder that social media posts, including posts by paid endorsers, are not exempt from the general requirements for advertising under FTC and FDA regulations.