Attorney Michael H. Cohen was quoted in The Tan Sheet (2/25/13) in “Turning Blogger Relationships Into Gold Takes Careful Management,” by Lisa Gillepsie.As quoted in the article:
It is critical for bloggers to be careful not to cross the line into providing clinical advice, according to attorney Michael Cohen of Beverly Hills, Calif.-based Cohen Healthcare Law Group.
In October 2012, a federal court in Charlotte, N.C., upheld the North Carolina Board of Dietetics Nutrition state licensing board’s decision that blogger Steve Cooksey could not write about the benefits of a Paleolithic, or caveman, diet in conjunction with talking about treatment for diabetes, Cohen point out. The ruling set a precedent for “sweeping bloggers into the enforcement net,” he said.
The article discussed Food and Drug Administration (FDA) and Federal Trade Commission (FTC) as well as medical board issues.
The ruling could embolden FDA to go after reviews or endorsements by bloggers for violating its labeling regulations, especially if a manufacturer solicited a product review or provided a blogger with compensation.
“My sense is that this could be considered part of the ‘labeling’ by the FDA and that the sponsor could have liability for disease claims made by the bloggers about dietary supplements,” Cohen said.
Blogging is becoming increasingly scrutinized by regulatory authorities, and can raise medical board, FDA, and FTC concerns. If you are a blogger, practitioner, or manufacturer of a medical device or dietary supplement, contact the Cohen Healthcare Law Group’s FDA and FTC legal team for legal counsel concerning your regulatory exposure and to strategize about ways to help manage your legal risk.
Contact our healthcare law and FDA attorneys for legal advice relevant to your healthcare venture.
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