The Food and Drug Administration (FDA) is expected to issue guidance and possibly regulations regarding use of social media. These policies will only be enforceable on marketers of prescription drugs and restricted medical devices; however, industry can expect that the rationale and policy behind the guidance and regulations will apply across the board to consumer health products generally, including over-the-counter (OTC) drugs, food, dietary supplements and cosmetics.

FDA and the Federal Trade Commission (FTC) have demonstrated interest in marketers' online content, including social media, as a means of investigating product claims. As social media proliferates, marketers of consumer health products should take specific steps to be sure that their companies' use of it does not raise red flags for regulators.

For more on this issue, see the Food and Drug Law Institute Update article, “FDA’s Policy on Social Media: Why It Matters for Marketers of OTC Drugs, Food, Dietary Supplements and Cosmetics.”