This webcast will focus on the legal liability and responsibility of a drug or device company incorporating consumer review—or any user-generated content (UGC)—functionality on a website or within social media channels. In particular, it will focus on the company's responsibility and liability when consumers post off-label use statements or describe adverse events in this context.
During this webcast, attendees will learn about the Communications Decency Act (CDA), a federal law that makes an Internet service provider immune from UGC on its service under many circumstances, as long as the provider is not controlling the statements to such a degree it makes them its own. FDA policy and statements regarding the CDA and social media will be explored as well as the interplay between the CDA and the Food, Drug, and Cosmetic Act.
Learning Levels: Basic and Intermediate
Upon the webcast's conclusion, you will be able to:
- Articulate the scope and intent of the Communications Decency Act
- Understand the guidelines for hosting UGC content in a promotional website forum
- Differentiate between acceptable moderation and hosting of UGC and publication of speech that falls outside CDA immunity.
Who Should Attend
- Regulatory professionals
- Marketing and sales professionals
- Compliance specialists
John Feldman, partner, Reed Smith LLP
John Feldman is a partner in Reed Smith’s Entertainment and Media Industry Group. His practice focuses on advertising and unfair competition issues, including counseling and litigation of false advertising cases; counseling on regulatory issues surrounding such promotions as sweepstakes, contests and other sales incentives; and related intellectual property matters. Feldman has extensive experience before the National Advertising Division of the Council of Better Business Bureaus (NAD) and has advised clients on regulatory investigations before the FTC and state attorneys general. A former two-term member of the Promotional Marketing Association (PMA) board of directors, and an active participant in the PMA's Governmental and Legal Affairs Committee, Feldman devotes a substantial portion of his practice to providing advice to advertisers on regulatory issues, including environmental claims, behavioral marketing, privacy, sweepstakes, rebates, coupons and advertising substantiation.
Kevin M. Madagan, counsel, Reed Smith LLPKevin M. Madagan is a member of Reed Smith’s Life Sciences Health Industry Group, practicing in the area of healthcare law, with a specific focus on entities regulated by FDA. He advises clients across the healthcare spectrum, including manufacturers, healthcare providers, wholesale distributors, pharmacies and trade associations. Madagan specializes in advising clients on advertising and promotion (Rx and OTC), supply chain security (e.g., sourcing, track/trace, import/export, product distribution, drug compounding) and FDA enforcement matters. He routinely serves as legal counsel on marketing and advertising committees of large and small pharmaceutical and medical device manufacturers. Madagan also is the deputy coordinator of the Pro Bono Committee of Reed Smith's Washington, DC, office and a member of the firm-wide Pro Bono Committee.