MEET THE TEAM
Michelle Axelrod
Fred Brunetti
Phoebe Clewley
Noah Goldstein
Todd Roth
Sara Simon Alicia Whittlesey
SOCIAL MEDIA RISKS & BEST PRACTICES FOR LIFE SCIENCES: A ROUNDTABLE DISCUSSION
Presented by the Life Sciences Legal, Regulatory, and Compliance Team at Porzio, Bromberg & Newman, P.C.
March 25-26, 2025
DISCLAIMER AND ANTITRUST NOTICE
• This is intended to be a closed-door session to encourage open, collaborative dialogue among your peers
• Nothing presented or discussed at this program is provided as or intended to be legal advice
• Although each company has its own antitrust policies, to avoid even the appearance of anti-competitive conduct, the following topics will not be discussed:
o Price or any element of price (e.g., discounts, payment terms, costs, profit margins, etc.)
o Allocation of markets or products
o Specific customers or allocation of customers, or customer arrangements
o Refusals to deal with customers, suppliers, or distributors or agreements to deal with them only on certain terms
o Development of programs designed to exclude certain companies
PRODUCT COMMUNICATIONS (PART I)
PRODUCT COMMUNICATIONS (PART II)
SIUU GUIDANCE: SOCIAL MEDIA CONSIDERATIONS
“Firms interested in sharing SIUU communications have the choice to use a variety of media types and platforms, and each medium and platform may prompt unique presentational challenges and considerations. For example, certain online platforms may impose character-space limitations or other presentational limitations that would not enable a firm to include within their communications on that platform all of the disclosures that are recommended for an SIUU communication. To be consistent with the recommendations in this guidance, such platforms should not be used to host SIUU communications but could be used to direct HCPs to an SIUU communication. For example, it would be consistent with the recommendations in this guidance for a communication on a character-space limited platform to direct HCPs to an SIUU communication through a statement that does not mention the name of any specific medical product, such as “New publication for Health Care Providers—phase 3 trial results for an investigational treatment for [disease X],” followed by a link to a website where the SIUU communication appears.
Firms should carefully consider the unique presentational challenges and considerations relevant to different media types and platforms to ensure that the medium and platform used for sharing an SIUU communication allows the firm to follow all of the recommendations in this guidance.”
- Final SIUU Guidance, pp. 19-20 (emphasis added)
SOCIAL MEDIA INFLUENCER I
• Company ABCare engages an influencer (patient) to promote its new product XYZzz on the influencer’s social media channels
• The product is indicated for chronic sleep apnea and is a prescription only product
• Product XYZzz has a wide range of side effects, including more serious side effects (e.g., stroke)
• Company ABCare is compensating the influencer for her time
• Influencer posts the following on her social media channels
INFLUENCER POST
• Hey everyone! I wanted to share something amazing that has truly made a difference in my life. I've been using ABCare’s new product, XYZzz and it's been a game-changer for my sleep!
• As someone who has struggled with sleep apnea for years, finding a solution that actually works has been a blessing, because I have tried so many different options on the market! XYZzz is designed to provide fast and effective relief, and I've noticed a significant improvement in my nightly routine. Plus, it's easy to use!
• I know how challenging it can be to find the right product, so I wanted to share my experience with all of you. If you're dealing with sleep apnea, I highly recommend giving XYZzz a try. You won't be disappointed!
• Remember, always consult with your healthcare provider before starting any new medication. Stay healthy and take care!
SOCIAL MEDIA INFLUENCER II
• Your Marketing Department is interested in engaging a popular entertainer for a brand-new social media campaign to disseminate sponsored posts on the influencer’s Instagram account to promote your approved product
• The entertainer suffers from a specific condition for which your approved product is indicated
• She has an international following and is very active on social media
• Marketing thinks the campaign with this entertainer can have high impact for the brand
• You are aware that most countries and jurisdictions outside of the US prohibit direct-to-consumer (DTC) marketing
