Bradley Merrill Thompson Quoted in “Wellness Apps Evade the FDA, Only to Land in Court”


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 Wired, in “Wellness Apps Evade the FDA, Only to Land in Court,” by Megan Molteni.

Following is an excerpt:

The FDA’s position is based on a simple risk-cost analysis; An app that isn’t going to kill someone isn’t worth enforcing. Bradley Merrill Thompson, a partner at Epstein Becker Green, who specializes in regulatory law for digital health, says, it’s a reasonable strategy. Mostly. “The marketplace does quite well policing itself when the financial and public health risks are low,” he says. “Consumers will shut down any business where the truth is easily discoverable, but they’re never going to conduct clinical trials to figure out if something works.”