They amount to 'validation' and promotion of third-party claims
The FDA has issued a warning letter to a drug company "reprimanding" it for, among other things, improperly 'Liking' unapproved claims about its product on Facebook. The letter was sent to the headquarters of a company that produces nutritional supplements in Utah, Zarbee, and refers mainly to the Food, Drug and Cosmetic Act, the federal law according to which these types of products cannot be presented as a cure for a specific disease or condition.
If they were, the legislation argues, they would be drugs, subject to the laws of the medicines sector. Unusually, however, the FDA letter draws attention to the company's Twitter and Facebook accounts and in particular accuses it of having clicked 'Like' on comments written by third parties on its Facebook page.
The FDA 'wanded' the company for posting 'Likes' on comments highlighting the effectiveness of its products for treating insomnia, bronchitis, pneumonia, colds and allergies. A comment cited by the FDA highlights: "I have tried everything in the last 18 days, your cough syrup has made me feel so much better."
According to the regulator, the fact that the company clicked 'Like' amounts to 'validation' and promotion of personal claims posted by third parties.
Zarbee was finally picked up for some 'tweets' in which she invited: "Try this remedy for colds and coughs": also in this case, for the FDA it is as if she had indicated that the products are drugs and not food supplements.
Barbara Di Chiara – 14 July 2014 – PharmaKronos