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FDA Clarifies Web Regulation
From RBH Associates, Inc.
The FDA has attempted to clarify when it would regard information on company Web sites as labeling and when it would regard it as advertising. This was in response to a citizen's petition filed by the Washington Legal Foundation (WLF). The FDA stated that if a company promotes and sells its product on the Internet, the information provided about the product could be considered labeling and thus subject to labeling requirements. If Internet information posted is similar in nature to print and electronic advertising, it would be viewed as advertising, not labeling and be subject to those rules. The FDA declined to issue regulations or guidance, stating that it would work with companies on a case-by-case basis about posting information on their Web sites linking to information on third-party sites.