Kardashian, who frequently posts endorsements to social media for brands she partners with, recently put a Instagram post gushing about morning sickness drug Diclegis up, with parent company Duchesnay within a formal partnership.
This resulted in a letter in the FDA that deemed her post misleading and requested that she post another one clarifying the risks from the drug.
It ends up that Kardashian and Duchesnay, as an effect of the partnership, fell afoul of strict FDA rules regarding what businesses can and cannot say about prescription drugs via social media.
Namely, she failed to make required statements regarding the drug’s side effects and comply with all exactly the same rules that require spoken disclaimers in the close of television advertisements for prescription drugs.
Kardashian is a social networking powerhouse: If she were to encourage a drug without being paid to do this, countless men and women would still begin to see the post due to her utter reach.
Would the FDA have the right to police posts like that should they’re by powerful figures on social networking?
Despite the possible moneymaking opportunity, businesses have shied away from posting advertisements to social media instead of risk drawing the ire of the FDA; the agency has strict rules and harsh penalties for non compliance.