Medical device

FDA Draft Guidances: Social Media Advertising Promotion

Social media advertising and promotional guidelines drafted by the FDA.

November 19, 2020
Rory A. Carrillo
Principal Consultant

Treading murky waters

We know how complex the regulations can be – the most common pitfalls companies face are associated with social media marketing and digital influencers. One misinterpretation of a word can cause you large setbacks with respect to time and money.

Insight and practical guidance can help you to bolster your compliance policies and procedures and keep your marketing efforts on track. 

There are four current draft guidances that address promotion and advertising of both prescription drugs and restricted medical devices. However, the FDA has not finalized or drafted guidance documents specific to non-restricted medical devices, therefore, it can feel like you are treading murky waters while trying to interpret these guidances. 

December 2011

January 2014

June 2014

June 2014


Well, what if my device is a non-restricted device? 

We hear this a lot. And the answer is that it is not so black and white as it depends on your unique device. The FDA may be incredibly clear on what is applicable to restricted devices or prescription drugs yet entirely unclear about what is required for your non-restricted device. 

It takes experience with working with FDA agents and lawyers to determine what regulatory laws apply to your device. Understanding what does apply to restricted devices can give you a good indication of what types of “red flags” the FDA and other regulatory agencies would be looking for. However, there will be a point in your journey where you have to make some risk based decisions and this is where we advise you to seek assistance from experienced professionals. 

Navigating the FDA never goes away. 

At Cosm, we believe that in order to succeed and set your company up for long term success, it is best to deeply understand the ins and outs of the regulatory guidelines that apply to your unique device.

We guide you through the process and ensure your decisions are appropriate for your device with the least amount of risk possible. However, we encourage you to learn the skills yourself, that way you feel more confident in your decision making and risk management going forward. 

Checkout our more in-depth article on promotional and advertisement regulations here.

Further Advertising & Promotional Guidances, applicable to medical devices: