In recent years, the pharmaceutical industry has seen a surge in investigations of companies for allegedly engaging in off-label promotion of products. While litigation is on the rise, confusion surrounding offlabel information is mounting as well. The laws and guidelines are often ambiguous, and companies face many challenges in interpreting and applying the rules. In addition, with the emergence of social media and increasingly utilized electronic forms of communication, uncertainty and risk regarding the “do’s and don’ts” of off-label information sharing are growing. The consequences of noncompliance are real and severe, as the FDA can impose significant penalties in its enforcement actions and harsh terms in its CIOs.
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