Seven YouTube Warning Letters This Year
Review old videos for compliance
There have been seven YouTube-related FDA warning letters this year, and I expect the trend to continue.
This demonstrates that videos are marketing claims and are, therefore, fair game for enforcement. In YouTube warning letters, there is always a statement such as “This links to a website where you take orders for the products.” This is the link to commerce and establishes the “commercial bridge.” If there was no link to a shopping cart in the videos or elsewhere in the YouTube channel, I wonder if they would be cited in the warning letters.
One of the features of Apex Compliance™ is scanning YouTube videos for compliance concerns. What used to take several minutes or longer can now be done in seconds. I love this feature!
Warning letters this year also include YouTube videos embedded on websites, not just videos hosted on a YouTube channel. This shows that claims made in any format, including those in embedded videos, are being scrutinized. Now is a good time to review your videos, especially the old and potentially forgotten ones, for compliance before they turn into warning letters or lawsuits.
Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading.