Bradley Merrill Thompson, a Member of the Firm in the Health Care and Life Sciences practice, in the firm’s Washington, DC, office, was quoted in FDA Week, in “NY Attorney General Takes on Mobile Health App Makers,” by David Lim. (Read the full version – subscription required.)
Following is an excerpt:
“This is interesting, because yet again we have an agency other than FDA weighing in on what it thinks is misleading advertising. Over the last several years, we’ve seen the FTC pursue mobile app companies on the basis of unsupported claims in the medical realm. Indeed it has pursued claims that would likely fall under FDA regulation. But the federal government doesn’t have a monopoly on regulating advertising, even for health-related products,” Bradley Merrill Thompson, attorney at Epstein, Becker & Green, told IHP in an email. …
“Most states have agencies that oversee advertising within their state, even though much of the advertising done is done broadly across the states. This means software developers have to think about potentially all 50 states, and whether an enforcer in any state might take offense at their claims. Clearly at least the New York Atty. Gen. is not relying on the federal government — either the FDA or FTC — to take appropriate actions,” Thompson wrote.