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Seven YouTube Warning Letters This Year

Review old videos for compliance

Seven YouTube Warning Letters This Year

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.

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