Technology: Facebook, Food and the FDA

August 2, 2013

Social media—including Facebook—has given food and beverage companies unprecedented opportunities for direct customer access and engagement. Powerful new analytic tools also let companies dig into social media conversations to identify brand advocates and get real-time measurements of the success of marketing efforts. Yet all these interactions across social media’s many platforms may create a risk of exposure under Food and Drug Administration (FDA) regulations if a discussion occurs regarding the effect on health of a particular food product or ingredient, even if the consumer is the one who first makes the claim.

Reprinted with permission from InsideCounsel.

How food companies’ Facebook “liking” or other social media endorsements of health claims made by consumers may create FDA labeling problems.

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Disclaimer

Thomas C. Mahlum

Partner

Co-Chair, Health Care Litigation Group

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