Marketing, Advertising and Promotion of Pharmaceuticals and Medical Devices

This course provides a comprehensive description of the various regulatory and legal standards and their specific application to the advertising and promotion of drug and medical device products including detailed analysis of advertisements and promotion. These include regulations and policies of the FDA, FTC, DEA, PHS, Office of the Inspector General (OIG), state attorneys general and prosecutors, and professional guidelines of relevant organizations including ACCME, ACP, PhRMA and the AMA.

The course will cover marketing and promotional issues specific to brand-name (prescription and OTC), generic, and compounding pharmacy contexts, including such areas which are "in flux" as Continuing Medical Education, Advertising of Compounding Products, Off-Label Promotion, Gifts to Physicians, and Direct-to-Consumer Advertising. Advertisements and case studies, including notable enforcement actions by the FDA and FTC will be discussed. Additionally, case law will be examined in detail, including strategies for staying under the "regulatory radar" and developing an effective in-house promotional review system.

Participants will receive resource materials including:

• Copies of laws, regulations, agency policies and court opinions, and guidance on the FDA’s, FTC and OIG websites
• Guidelines of professional and industry organizations

Attendees will have the opportunity to consult with the instructor during breaks and after hours on specific issues. The Course Director has over twenty-five years experience as a food and drug attorney with extensive involvement in drug marketing and advertising issues both in private practice, in-house for a multi-national pharmaceutical company, with direct interaction with the FDA and FTC.