This post first appeared on Goldberg Segalla’s Life Science Matters blog.
Kim Kardashian recently used social media to promote the use of a prescription drug. In her Instagram post, Ms. Kardashian told her followers that a physician recommended use of the drug Diclegis to alleviate her symptoms of morning sickness. Ms. Kardashian is not the only public figure to recently deal with morning sickness as the Duchess of Cambridge also dealt with this issue, reported here.
Having experienced positive results following the use of this drug, Ms. Kardashian posted her intent to pair with the maker of Diclegic to “raise awareness about treating morning sickness.” Other than noting that studies have shown no increased risk to the baby due to the use of this drug, Ms. Kardashian did not reference any potential complications or known side-effects of the drug in her post.
Endorsements in advertising are carefully regulated by the Federal Trade Commission. The Code of Federal Regulations, 16 CFR Part 255, sets forth what is considered an advertising endorsement, and what information must be disseminated when the product is being endorsed. When a celebrity is endorsing a product, the FTC specifies that the celebrity is subject to liability for any statement made about the product, and the advertiser is liable for any misrepresentations made through the endorsement. Further, it is the duty of the advertiser to monitor any publications (e.g. blogs) issued by the endorser that deceptively represents the product being endorsed.