Sens. Dick Durban of Illinois and Mike Braun of Indiana in a letter to the FDA said the agency’s guidance on prescription drug promotion on social media is outdated, according to WSJ, which obtained the letter.
In their letter, the senators cited a 2022 investigative report from the WSJ surrounding a surge of misleading social media ads from telehealth companies during the pandemic. The news outlet previously reported that about 20 telehealth companies in a four-week period ran more than 2,100 Facebook and Instagram ads that marketed the benefits of drugs without mentioning risks or clarifying whether testimonials came from actors or employees.
In March 2022, employees at Cerebral told the news outlet they felt controlled substances such as Adderall were overprescribed due to such practices. The company has since discontinued prescriptions for controlled substances.
An FDA spokesperson told the publication it plans to respond directly to the senators, who in their letter also asked whether the agency would support legislation to close any potential gaps in its oversight of telehealth companies. Telehealth companies have previously taken the stance that FDA rules around advertising do not apply to them since they do not manufacture, pack or distribute drugs.
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