{"id":353238,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/deceptive-marketing-of-drugs-and-the-failure-to-warn.html"},"modified":"2023-10-24T17:47:34","modified_gmt":"2023-10-24T22:47:34","slug":"deceptive-marketing-of-drugs-and-the-failure-to-warn","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/deceptive-marketing-of-drugs-and-the-failure-to-warn.html","title":{"rendered":"Deceptive Drug Marketing and Failure To Warn"},"content":{"rendered":"\n
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Deceptive Marketing of Drugs and Failure To Warn<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
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Drug manufacturers are legally required to disclose risks, side effects, and limitations of their products. Still, some pharmaceutical companies have used deceptive marketing to boost sales. Failure to warn consumers properly can lead to serious health consequences, especially when drugs are promoted for off-label uses.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Thousands of cases are filed yearly over dangerous drugs and deceptive marketing of prescription drugs.<\/p>\n

The U.S. Food and Drug Administration<\/a> (FDA) plays a critical role in regulating drug safety. But off-label promotion and insufficient warnings can still pose serious health risks.<\/p>\n

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When drug manufacturers fail to disclose known risks or promote medications for unapproved uses, they may face significant legal consequences. Product liability lawsuits<\/a> often center on claims of failure to warn, where injured parties argue they were not adequately informed of potential dangers.<\/p>\n

These cases can result in substantial settlements or rulings that hold drug companies accountable for misleading marketing. If you suspect you have a failure to warn claim, legal help is available. A product liability attorney<\/a> near you can evaluate your situation and determine if you have a valid claim.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

What Drug Manufacturers Must Disclose<\/h2>\n

When a pharmaceutical company releases a new drug on the market, it is legally required to identify risks and side effects. For example, they must disclose any clinical trial data.<\/p>\n

The Federal Food, Drug, and Cosmetic (FD&C) Act<\/a>\u00a0also requires drug manufacturers to include the following information in their drug packaging:<\/p>\n