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Practice Tip: Internet Market Promotion of FDA-Regulated Products and Product Liability

By Alan Minsk

Yes, I am what some refer to as a “crackberry addict.” However, as my wife constantly reminds me, particularly during dinner, weekends, and “vacation” visits to her family in Maryland, there must be limits. This rang true for me recently.

We live in the digital age. We want instant interaction and immediate response. A client asked me a few weeks ago to co-present at a conference about liability and regulatory concerns associated with the use of digital media. The audience is expected to be representatives from pharmaceutical and medical device companies and for-profit digital media providers that approach these FDA-regulated industries to sponsor, or help the companies sponsor, programs, Webcasts, or Web sites that focus or discuss disease states, therapeutic treatments, or even specific company products. While I had heard of Web 2.0 in the past, no one who knows me would confuse me with an IT specialist. However, now I was asked to speak on the legal ramification of using the World Wide Web as a marketing tool to promote medical products.

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