FDA Regulating Internet Metadata and Keywords
By: Jeffrey Lapin
On January 29, 2013, the Food and Drug Administration (FDA) sent a “Warning Letter” to a Florida herbal supplement manufacturer alleging problems in their manufacturing process as well as marketing, on their website, some of their supplements as a “drug,” in violation of the Federal Food, Drug and Cosmetic Act (FD&C Act.). The marketing violation, based, in part, on results from the website’s search tool, seemingly indicates that the FDA is looking at “keywords” and metadata in determining whether a product’s online marketing violates the Act. […]