September 21, 2021

Volume XI, Number 264

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September 20, 2021

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Can Hashtags Get you in Trouble?

They can if you operate in a regulated industry, such as pharma, med devices, cannabis, dietary supplements, etc.

FDA has specific labeling requirements for products and they look at hashtags related to products the same way they evaluate other written labeling.

For example, FDA sent a warning letter to a cannabis company because it misleadingly represented certain CBD products as safe and/or effective for the treatment or prevention of COVID-19. In making this finding, FDA looked at the company's Facebook page and noted a link captioned with the tags “#covid19cbd” and “#cbdcoronavirus.”

Not only does FDA take issue with the tags, but FTC also finds it unlawful to advertise a product can prevent, treat, or cure human disease unless you possess competent and reliable scientific evidence, including, when appropriate, well-controlled human clinical studies, substantiating that the claims are true at the time they are made.

If you are operating in a highly regulated industry, make sure that your social media directors and marketing team understand the legal requirements. These are special products and the claims made about them must be vetted even if they are the #bestproductsever.

Copyright © 2021 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume XI, Number 77
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About this Author

Sara Tucker Complex Products Liability Litigation Attorney Womble Bond Dickinson Atlanta, GA
Partner

Sara Tucker concentrates her practice on complex products liability litigation with a focus on pharmaceutical and medical device litigation.  A veteran trial lawyer, Sara has experience defending clients in high-stakes mass tort and multi-district cases in federal and state courts.  She also has experience in consolidated state court litigation, consumer class actions and medical malpractice.

The American Bar Association’s Young Lawyers Division selected Sara for its “On the Rise – Top 40 Young Lawyers” award in 2019, and Georgia Super Lawyers magazine has recognized Sara as a...

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