Member Joanne Hawana was quoted in a Bloomberg Law article about how a Hims & Hers Super Bowl commercial promoting compounded weight loss drugs is raising questions related to how the FDA regulates the gray area of advertising copycat products.

Joanne points out that the distinction between a “drug ad” and a “telehealth ad” has an impact on whether the FDA or FTC has primary policing authority over the content. She says, "Under current law, a pure telehealth ad that is trying to induce consumers to buy those services, rather than to buy a certain drug, would absolutely fall within the scope of Section 5 of the FTC Act and FTC’s enforcement authority over deceptive acts and practices in commerce."

Source

Bloomberg Law