What are the applicable laws for advertising of medical devices?

In North Carolina, the laws governing the advertising of medical devices are laid out by the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA). The FTC regulates advertising under the FTC Act, while the FDA regulates medical devices under the Federal Food, Drug and Cosmetic Act. Under the FTC Act, medical device advertisements must be truthful and not mislead consumers. They must also be substantiated with evidence, and all claims made in the advertisement must be accurate and verifiable. The FTC also regulates endorsements made in medical device advertisements. Endorsements must be based on actual experience or expertise, and the endorser must be aware of the advertising message. The FDA has specific requirements regarding the advertising of medical devices. All advertisements must include the name and address of the manufacturer, a statement of the approved medical use of the device, an accurate description of the device, and a list of all potential risks. Any claims made in the advertisement must be supported by sufficient scientific evidence. Additionally, the advertisement must not contain any information that may be considered false or misleading. By following these laws, companies in North Carolina can ensure that their advertising of medical devices is compliant and protects the safety and health of consumers.

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