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Ensuring Compliance with Advertising and Promotional Requirements for Drugs and Medical Devices: 2-day In-person Seminar

Michael A Swit, Esq., FDA Lawyer
Location :-
Schaumburg, IL

Thursday, September 11, 2014 | Friday, September 12, 2014
Location :-
Cambridge, MA

Thursday, November 6, 2014 | Friday, November 7, 2014

Course Description:

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.

Learning Objectives:

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 drug companies
  • 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.

Interview with
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:

  • Sales
  • Marketing
  • Medical Affairs
  • Legal
  • Regulatory
  • Compliance


DAY ONE (8:30 AM – 4:30 PM) DAY TWO (8:30 AM – 4:30 PM)

Registration Process: 8:30 AM – 9:00 AM

Session Start Time: 9:00 AM

    I. Understanding the Basics
    1. Who Has Jurisdiction
      1. Drugs & Biologics
        1. Rx Drug Advertising
        2. OTC Drug Advertising
      2. Devices
        1. Restricted
        2. all other
    2. Labeling vs. Advertising
    3. Basic drug rules
      1. Fair balance
    4. Device rules
      1. Intended use deviations
    5. DTC advertising
      1. Print
      2. TV
    6. Comparative Claims
      1. standard to support
      2. push to pursue CER
    7. Detailing and Sampling
      1. is there still a future?
      2. what can be said?
      3. danger of “custom” pieces
    8. How FDA learns of violations
      1. Keep your house clean or your competitors will rat you out

    II. Scientific Exchange
    1. Guidances on Dissemination of Scientific Information
    2. Risks involved in Off-Label Statements
    3. Procedural Requirements and Unsolicited Requests for Information

    III. First Amendment
    1. Understanding “Commercial Speech” Doctrine
    2. FDA and the Regulation of Advertising

    IV. Websites & Social Media
    1. FDA Policies on the Internet
    2. Recent FDA Enforcement Activities
    3. How to Handle at the Company Levels

    V. Enforcement Trends
    1. FDA Hot Buttons
      1. Understating risk
      2. Overstating effectiveness
    2. FTC
      1. POM Wonderful and substantiation
    3. Private Litigation – Understanding
      1. Lanham Act
      2. State Unfair Competition

    VI. False Claims Act and Criminal Liability
    1. Review of Key Settlements
    2. “Responsible Corporate Official” Liability

    VII. Handling at the Company Level
    1. Compliance Programs
    2. Internal processes

Meet Your Instructors

Michael A Swit, Esq.
FDA Lawyer

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, 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.

Register Online


Seminar One Registration

September 11-12, 2014, Schaumburg, IL
(Early bird price valid till August 10, 2014)
Actual Price: $1,599

You Save: $1,695.00(21%)*

Special Group Discount Register for Six attendees

September 11-12, 2014, Schaumburg, IL
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Great Saving with Group Ticket!!! Only 3 left


Seminar One Registration

November 6-7, 2014, Cambridge, MA
(Early bird price valid till August 10, 2014)
Actual Price: $1,599

Register Now and Save $300 (Offer Extended)
For Registrations till August 10, 2014 $1,299
Actual Price $1,599

Early Bird Seats are limited and based on first-come, first-serve.

The registration fee includes: the workshop; all related course materials; morning tea/coffee with cookie; lunch, on both the days.

For discounts on multiple registrations, contact customer care at +1-888-717-2436

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7 to 10 Attendees - Get 25% off
10+ Attendees - Get 30% off

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On request by email or fax (before the seminar) a credit for the amount paid minus administration fees ($200) will be transferred to any future ComplianceOnline event and a credit note will be issued.

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This was tremendously informative and very full of interesting insights. I especially enjoyed going over the warning letters.
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Seminar covered more latest up- to- date information.
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Media Partner Benefits
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  • Logo on the conference material distributed during the conference.
  • Media Partner’s brochure distributed along with conference material.
  • Logo on all the mailings before and after the event.
  • 10% discount to media partner's subscribers.

Media Partner to do
  • Banner (min 728x90 or 468x60) on the Media Partner website.
  • Insertion of the event in the event calendar, both printed and/or online.
  • Announcement article of the conference on the Magazine and/or Website.
  • Dedicated email blast to all subscribers of Media Partner.
  • Article on the Magazine and/or Website after the conference.


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