Federal regulation of the advertising and promotion of pharmaceuticals and medical devices reflects an aggressive attitude on the part of the regulators that demands, in turn, that industry be keenly aware of the legal and regulatory duties, as well as key recent trends in enforcement activities by the Federal Government. This course will explore in detail what FDA requires of drug and device firms as well as recent current hot buttons in FDA enforcement activity for the advertising arena.
What’s at stake if your advertising and promotional efforts violate the law? Colossal fines – the latest was $3 Billion; criminal liability, including even prison time; and huge disruption in operations while dealing with federal probes into illegal marketing.
Key goals of the conference will include learning:
The basics of FDA law and regulations governing advertising and
promotion, as well as sister agencies such as the Federal Trade
Commission, which shares jurisdiction with FDA on certain regulated
products (e.g., OTC drugs).
The distinctions between labels, labeling and advertising and how that impacts FDA's powers, and
How to properly position Direct-to-Consumer (DTC) promotions
The Dos and Don'ts of promoting products on the internet, including social media sites such as Facebook and Twitter
The perils of off-label promotion, including criminal and civil
actions that have led to multi-billion dollar settlements by regulated
Whether the First Amendment provides any insulation for truthful statements regarding regulated products;
When disseminating medical educational materials crosses the line into improper promotion; and
Key considerations on how to implement appropriate procedures and
controls in your company to minimize the potential for regulatory action
by the FDA or the FTC relative to promotion and advertising.
Michael A Swit, Esq., FDA Lawyer
Who will Benefit:
Senior executives, directors, managers and those who have responsibility for implementing advertising and promotional activities, as well as those that have key collateral roles in reviewing advertising for drug and device firms, including officials from these areas within regulated companies:
Michael A. Swit focuses on solving the legal challenges confronted
by the pharmaceutical, medical device, and other life sciences
industries in tackling the myriad of legal mandates enforced by the U.S.
Food & Drug Administration. Mr. Swit has extensive experience
counseling life sciences firms on the demands of compliance with FDA's
statutory and regulatory requirements to develop and market safe and
effective drugs, biologics, medical devices, IVDs and other products. He
also has advised regulated firms on a wide range of FDA regulatory
matters, including drug and device approvals and marketing/promotional
claims, dietary supplement health claims and regulatory issues in
corporate acquisitions. His experience includes FDA development
strategies, compliance and enforcement initiatives, recalls and crisis
management, submissions and related traditional FDA regulatory
activities, labeling and advertising, and clinical research efforts.
Interview with Michael A Swit, Esq., FDA Lawyer
Mr. Swit has been addressing critical FDA legal and regulatory
issues since 1984. Before joining Duane Morris LLP, Mr. Swit served for
seven years as vice president at a preeminent scientific and FDA
regulatory consulting firm, where he developed and ensured execution of a
broad array of regulatory and other services to clients, both directly
and through outside counsel.
His multi-faceted experience includes serving for three and a half
years as corporate vice president, general counsel and secretary of Par
Pharmaceutical, a prominent, publicly-traded, generic drug company and,
thus, he brings an industry and commercial perspective to his work with
FDA-regulated companies. While at Par, he spearheaded Par's successful
response to multiple federal and state criminal and civil investigations
arising out of the actions of prior management. Mr. Swit then served
for over four years as CEO of FDAnews.com, a premier publisher of FDA
regulatory newsletters and other specialty information products for the
FDA-regulated community. His private FDA regulatory law practice also
has included service as counsel in the FDA practices of three
international law firms, as well as a solo FDA practitioner.
Mr. Swit has taught and written on a wide variety of subjects
relating to FDA law, regulation and related commercial activities,
including, since 1989, co-directing a three-day intensive course on the
generic drug approval process and editing a guide to the generic drug
approval process, Getting Your Generic Drug Approved. A former member of
the Food & Drug Law Journal Editorial Board, Mr. Swit also has been
a prominent speaker at numerous conferences sponsored by such
organizations as the Food & Drug Law Institute (FDLI), the
Regulatory Affairs Professionals Society (RAPS), and the Drug
Information Association (DIA).
Mr. Swit is a 1982 graduate of Emory School of Law and a magna cum
laude graduate of Bowdoin College (1979), with high honors in history.
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San Diego, CA (Venue to be announced shortly)
March 6-7, 2014
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The first European to set foot in California was the Spanish explorer Juan Rodriguez Cabrillo, who stepped on shore near this spot in in 1542. He's the guy they made this statue to look like - and named the park after. We don't know if Cabrillo climbed all the way up to the top of this promontory or not, but people who make up here nowadays get some of the best views of San Diego, looking across the Bay and back toward downtown.
Sea Creatures at Birch Aquarium
Birch Aquarium is north of San Diego in La Jolla. It's not as big as some of the other aquariums in California or as flashy as the big sea-themed park down the road, but instead just right, filled with interesting exhibits and home to leafy sea dragons like the one above, creatures so improbably they look more like something from a children's book than from the ocean.
Legoland theme park takes its inspiration from Lego toys, those cute little bricks that snap together to build all kinds of fun things. It's one of several Legolands worldwide.
San Diego Zoo Safari Park
The San Diego Zoo's sister park offers a different kind of animal experience. Its name (Safari Park) is the clue and it indeed offers a more safari-like experience. Lots of large animals live in the same big, open areas here - predators kept away from prey, but otherwise much as they would in their natural habitat.
Coronado isn't really an island but a peninsula - a fact that doesn't get in the way of the name most people use for it. Whatever you call it, it's on a slender strip of land between the San Diego Bay and the Pacific Ocean, barely a few blocks wide. What it lacks in size it makes up for in fun, with a beach that's been named among the best in the country, a classic hotel and a compact, lively little downtown. Coronado's laid-back temperament makes a nice break from the busier parts of San Diego across the water.
Originally built for temporary use during the 1915-16 Panama-California Exposition in San Diego, Balboa Park boasts buildings beautiful enough to be considered attractions in themselves, especially if you're a photographer. They're surrounded by trees, lawns and fountains, but that's only the beginning.
In Spanish, La Jolla means "the jewel," an apt name for a pretty, Mediterranean-style seaside town - sitting on cliffs flanking the ocean.
La Jolla visitors like to shop and eat in the nice restaurants, some of them with lovely ocean views. There's a lot for the active visitor, too, including ocean kayaking, tide pool-hopping, surfing at Windansea Beach, biking or running along the waterfront.