During this time of crisis, pharmaceutical and consumer product companies along with retailers are doing their best to provide the public with products to prevent and treat COVID-19. At the same time, the FTC and FDA have announced that they will be particularly vigilant in policing unscrupulous or overzealous marketers making unsubstantiated, misleading, or false health claims about their products.
In order to mitigate litigation and regulatory risk, companies manufacturing or selling healthcare products should exercise special care in scrutinizing promotional claims that may state or imply that the products prevent or treat COVID-19, influenza, or other diseases. Specifically, advertising claims for hand washes and hand sanitizers should be reviewed with special attention to the FDA’s recent regulatory actions concerning these products.
Check out our Legal Update to learn more about the government’s recent actions and how you can mitigate your advertising risk.