Publicity and the FDA, An Update

Abstract

Publicity is a powerful tool. A single Food and Drug Administration (FDA) press release announcing the dangers of a product can instantaneously alter the consumption patterns of millions of consumers. During the early 1970's, the FDA's use of publicity became the subject of heightened scrutiny by legal scholars and practitioners, calling for guidelines and judicial review to prevent unwarranted damage from the potent instrument. This paper will reexamine the FDA's use of publicity in light of the past 20 years. Following a general background, the discussion will update the status of agency policy and judicial attitudes towards publicity, highlight current implications, and offer recommendations.