Should We Give FDA Authority Over All Medical Device Ads?

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Historically, U.S. law has given the Federal Trade Commission (FTC) primary authority to regulate the advertising and other promotion of prescription medical devices not otherwise restricted by FDA. Restriction most commonly occurs in the conditions of approval stipulated in writing by FDA at the time of PMA approval, leaving the overwhelming majority of Class I and II medical devices unrestricted and therefore subject only to FTC, and thus scant, regulation of their advertising and promotion.

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