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: 43(B)log

FDA warns companies over sponsored links

By Rebecca Tushnet

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The FDA sent warning letters to 14 companies about sponsored links whose text did not sufficiently disclose the risks of the advertised drugs. A useful reminder that background principles of law--not just crazy extensions of trademark law--apply to sponsored links. I found notable the comment from an FDA spokesperson that the FDA hadn't contacted Google and other search engines because "its policy is not to contact third parties that carry drug ads, even if they violate agency rules." Section 230 might also have something to say about that!

Full post as published by 43(B)log on April 08, 2009 (boomark / email).

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