This week, FDA finally published a December 2012 warning letter on its website, showcasing its first-ever enforcement action based on a company’s social media activity. In the letter, FDA interprets a dietary supplement company “liking” a consumer testimonial posted to its Facebook website as an implied endorsement of the underlying claim content.
The offending post, FDA observed, made an impermissible drug claim by implying that the company’s product was intended for use in the diagnosis, cure, mitigation, treatment or prevention of a disease when it stated,“[Product] has done wonders for me. I take it intravenously 2x a week and it has helped me tremendously. It enabled me to keep cancer at bay without the use of chemo and radiation…Thank you [Company].” While the controversial post has since been removed, FDA’s interpretation that a “Like” implies endorsement could be a precedent-setting action. Re-tweeters beware!