Tag Archives: FTC

FTC Concerned About Increase in "Sponsored Content"

The blurring of advertising and editorial content, particularly through publishers’ websites and mobile applications, is in the spotlight at the Federal Trade Commission (FTC) as government regulators struggle to deal with the impact of social media on health-related promotion. The Commission’s long-held policy is that advertising and sales pitches should be readily identified and not […]
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FTC vs Actavis: Patent Settlements Become More Risky

Pharmaceutical companies can anticipate more costly, drawn-out patent litigation in the wake of the June 17 US Supreme Court decision, which creates great uncertainty about the grounds for negotiating settlements in patent cases. In ruling that “pay-for-delay” arrangements could violate the antitrust laws, and that the Federal Trade Commission (FTC) has the right to challenge […]
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FTC v. Actavis: Supreme Court Decision—The Rule of “No” Reason

by Traci Medford-Rosow and Peter Richardson On June 17, 2013 the Supreme Court decided FTC v. Actavis by a 5-3 vote. Justice Breyer delivered the majority opinion with Justices Kennedy, Ginsburg, Sotomayor and Kagan concurring. Chief Justice Roberts filed the dissenting opinion in which Justices Scalia and Thomas joined. For unstated reasons, Justice Alito took […]
Posted in IP, Legal, Market Access, Op-Ed, pricing, Regulatory, Strategy | Also tagged , , | 2 Comments

The FTC's Beef with Pay For Delay: What's the Fuss?

Yesterday, the Supreme Court heard arguments on the matter of pay-for-delay settlements between patent holders and generic firms. The Federal Trade Commission (FTC) hopes to overturn the 11th federal circuit’s ruling that such settlements are not anti-competitive on the grounds that these settlements amount to a restraint of trade under the commerce clause of the […]
Posted in IP, Legal, Market Access, Regulatory | Also tagged , , , | 1 Comment

US v. Caronia: What Constitutes 'Truthful' Speech?

If a drug’s label is not the final word on what is true – or untrue – about a product, then who decides what can and cannot be said during a sales detail?
Posted in Advertising, compliance, FDA, Legal, Marketing, Regulatory, Safety, Sales, Strategy | Also tagged , , , , , , , , , , , , , , , , , | 1 Comment
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