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Prescribing Drug Advertising Regulations in the Age of Social Media

1 min read

Social media has changed from platforms created to share life moments with friends to sharing life moments with nationwide followers—and making money from it. Any post could be an advertisement subtly made to sell a product to consumers, and now, the pharmaceutical industry is investing in this form of advertising as well. The Federal Trade Commission has been ramping up its regulation of endorsements and influencer advertisements on social media, but the Food and Drug Administration still has the authority to oversee prescription drug advertising, and it has been specifically focusing on television and radio advertisements in recent years. With the two agencies focusing on each form of advertising and media separately, prescription drug advertisements on social media may escape regulation altogether. This Note addresses the potential regulatory gap for prescription drug advertisements on social media to help identify how consumers may be better protected when consuming such advertising.