The FDA's Use of Adverse Publicity

Abstract

Of all the regulatory tools available to the FDA in fulfilling its duties, one of the most contentious and problematic is its use of adverse publicity. Whether it is because of its quasi-statutory status, the questionable legality of its often unregulated use, or its great potential for harm to those it is directed at, there are many who object to the use of adverse publicity by the FDA. However, one cannot deny its significant effectiveness as a regulatory tool and its often necessary and justified use in protecting the public health and safety. The purpose of this paper, then, is to explore the FDA's use of adverse publicity and the issues and conflicts that arise as a result.