FTC Blasts POM for Disease Claims, Highlighting Substantation Issues
The FTC blasted POM Wonderful for making deceptive and unsupported advertising claims regarding their pomegranate products.
California Publishes Mobile Ecosystem Privacy Legal Recommendations
California Attorney General has released Privacy On the Go: Recommendations for the Mobile Ecosystem
HIPAA Breach Settlement by HHS Involves Less than 500 Patients
The Hospice of Northern Idaho (HONI) has agreed to pay the U.S. Department of Health and Human Services (HHS) $50,000 to settle potential violations of the Health Insurance Portability and [...]
New HHS Rule Protects Patient Privacy Under HIPAA and HITECH
Much-anticipated regulation protects patient privacy under HIPAA and HITECH
Is it fee-splitting to share profits in an acupuncture, chiropractic, osteopathic, or MD physician group?
An acupuncture student from Northern California wrote in asking the following question about fee-splitting, kickbacks, Stark / self-referral, and group practices.
Physician Sale of Dietary Supplements – Legal and Regulatory Restrictions
Some states restrict the markup a physician can have on sales of dietary supplements. For example, New Jersey law has some relevant law.
HIPAA and HITECH Medical Privacy and Security Plans Necessary for Small to Medium Clinical Offices
Whether you are a physician, psychologist, or other clinical healthcare provider, it is a good idea to have a HIPAA and HITECH compliant privacy and security plan for your office or practice.
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FTC Statement to Congress on Deceptive Marketing of Dietary Supplements
The FTC Statement to Congress on Deceptive Marketing of Dietary Supplements is a good place to begin to understand legal compliance issues regarding marketing
HHS Mobile Device Privacy and Security Website
The U.S. Department of Health & Human Services has a webpage entitled, Your Mobile & Health Information Privacy and Security.
FTC Charges Settled on Fake Endorsements and Deceptive Acai Berry Weight Loss Claims
The Federal Trade Commission (FTC) settled a $2 million complain against "an operation that allegedly used fake news websites to deceptively market acai berry weight-loss products."
Off-label drug promotion and marketing yields significant penalties: Part 2 (Misbranding in interstate commerce)
Misbranding can also occur when a product is "held for sale after shipment in interstate commerce.
Off-label drug promotion and marketing yields significant penalties: Part 1 (Amgen settlement)
Off-label drug use is not illegal, but off-label drug promotion and marketing can result in significant legal penalties.
Weight Loss Advertisements Found Deceptive and Misleading – Conspiracy and Healthcare Fraud Violations
The 1-800-GET-THIN ad campaign is embroiled in a criminal investigation for healthcare fraud and other violationsThe FDA and FBI are investigating.
HHS Lambasts Dietary Supplement Companies and Weight Loss & Immune Support Dietary Supplements
The Department of Health and Human Services Office of Inspector General issued two reports lambasting dietary supplement companies, particularly over structure-function claims related to weight [...]
Cleveland Clinic promotes second medical opinion – telemedicine consults can fit legal exception
Cleveland Clinic is marketing an online second opinion service for patients who live outside Ohio but want medical input.There are many ways to take advantage of telemedicine laws to provide [...]
Proposed legislation for mobile applications would change telemedicine legal landscape
Telemedicine laws will change if the U.S. Congress enacts the “Healthcare Innovation and Marketplace Technologies Act” (“HIMTA”), a bill which seeks to establish the “Office of Mobile Health” [...]
California medical board regulates medical volunteers who are licensed in other states
California is an early adopter once again, this time with respect to regulating medical volunteers.
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FDA Announces Draft Compliance Policy Guide on Labeling and Marketing of Nutritional Products Intended for Use to Diagnose, Cure, Mitigate, Treat or Prevent Disease in Dogs and Cats
The federal Food and Drug Administration (FDA) announced a draft compliance policy guide (CPG) entitled, “Labeling and Marketing of Nutritional Products Intended for Use to Diagnose, Cure, [...]
Medical researchers grow spare parts from stem cells inside the body
Medical researchers are growing spare parts from stem cells inside the human body.Another practice, called bioprinting, builds body parts much like an inkjet printer:
Are Ear Candles Medical Devices? FDA Thinks So.
The FDA believes that ear candles are dangerous and should be regulated as medical devices.In Don't Get Burned: Stay Away From Ear Candles, FDA warns consumers against using ear candles, and [...]
