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Case Detail


In re FDA Social Media Speech Regulation
On April 14, 2014, WLF filed formal comments with the Food and Drug Administration, urging it to rescind a recently released draft guidance document that purports to extend FDA regulatory authority over everything a drug manufacturer writes at on-line social media sites such as Twitter and Facebook. WLF argued that any such speech restrictions must take account of manufacturer’s free speech rights, yet FDA’s never once mentions the First Amendment in its guidance document. WLF noted in particular that much of what manufacturers say at social media sites is not directly related to sales promotion and thus qualifies as noncommercial speech. WLF argued that government efforts to suppress noncommercial speech is subject to strict scrutiny, a standard of review that FDA’s speech-suppression measures cannot hope to survive.
Case Status:
Awaiting FDA action.
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