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Pharmaceutical companies ‘should establish Social Media policy’

Pharmaceutical companies should establish a corporate social media policy, attorney John Manthei, with Latham & Watkins LLP in Washington, said Sept. 17.


Speaking during a session on drug product compliance at the Food and Drug Law Institute’s Advertising & Promotion Conference, Manthei said the Food and Drug Administration is “incredibly” advanced at using social media, but it hasn’t yet said how it will regulate others when it comes to social media.

Manthei said the FDA is required by the Food and Drug Administration Safety and Innovation Act of 2012 (FDASIA) to issue specific guidance on social media by July 9, 2014. However, he said FDA’s message in warning letters has been that “current standards apply” when it comes to social media.

Social media is “interactive and the formats are constantly evolving,” Manthei said.


Manthei said companies should establish a “clear corporate social media policy and provide adequate training to employees.”

Manthei also said that “if you plan to allow third-party content on company-hosted media, ensure [that] you maintain control to maintain compliance.” Specifically, he said companies should have a clear “terms of use” to alert users that content will be reviewed and may be deleted.

Additionally, Manthei said that companies should ensure that their internal and promotional labeling review program is “attuned to developing issues in the media space.”

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