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Presented by: Edward Basile

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FDA AUTHORITY OVER LABELING AND<br />

ADVERTISING (con’t)<br />

• Misbranding<br />

– A drug, device, or biologic is considered misbranded<br />

and subject to FDA enforcement action if its labeling is<br />

false or misleading in any particular. (21 U.S.C. §<br />

352(a)).<br />

• Includes failure to reveal material facts (21 U.S.C. § 321<br />

(n)). (321(n) refers to labeling or advertising.)

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