The Food and Drug Administration (“FDA”) has adopted a Final Rule requiring that when a direct-to-consumer TV or radio ad for a prescription drug makes statements relating to side effects of the drug, those statements must be presented in a “clear, conspicuous, and neutral manner.” This Final Rule implements one requirement of the Federal Food, Drug, and Cosmetic … Continue Reading
The Federal Communications Commission (“FCC”) has resolved many of the issues that it has been considering since 2013 with respect to limits on exposure of human beings to radiofrequency (“RF”) energy. An important aspect of the decision is that existing exposure limits will not be tightened. However, the environmental rules dealing with RF exposure have … Continue Reading
Cannabidiol (“CBD”) oil, a product that can be derived from hemp or marijuana plants, is an undeniably hot commodity right now. You may have seen CBD gummies, CBD topical creams, and even CBD-infused pillows for sale at your local store. At this point you are wondering if your broadcast station can advertise these products. CommLawBlog … Continue Reading
Last month I participated in a webinar with my colleague Dan Kirkpatrick where we addressed the issue of advertising controversial products. While the topic of marijuana advertising (which we discussed in our webinar) gets much attention these days–especially with the recent decision by CBS to turn down a cannabis ad for the Super Bowl–we also … Continue Reading