MLRagent

Disclose when effectiveness claims may reflect concomitant therapy

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Rule

In prescription drug advertising (this provision does not apply to OTC drug advertising or to non-advertising promotional labeling), where an advertisement cites literature or a study whose subjects received concomitant therapy that could plausibly account for the claimed effectiveness results, the advertisement must disclose that the claimed results may be due to that concomitant therapy if omitting this would misrepresent the drug's effectiveness.

Check

Where a cited study's subjects received concomitant therapy that could plausibly account for the claimed effectiveness results, check whether the advertisement discloses that claimed results may be due to that concomitant therapy.

Escalate when

It is unclear whether the concomitant therapy in the cited study could plausibly account for the claimed effectiveness results, such that nondisclosure would misrepresent the drug's effectiveness.

Where this comes from

21 CFR 202.1(e)(6)(vi). The highlighted words are quoted exactly; a script confirms they appear in the source before the rule can be published.

…ntation of information from published articles or other references that report no side effects or minimal side effects with the drug or otherwise selects information from any source in a way that makes a drug appear to be safer than has been demonstrated. (v) Presents information from a study in a way that implies that the study represents larger or more general experience with the drug than it actually does. (vi) Contains references to literature or studies that misrepresent the effectiveness of a drug by failure to disclose that claimed results may be due to concomitant therapy, or by failure to disclose the credible information available concerning the extent to which claimed results may be due to placebo effect (information concerning placebo effect is not required unless the advertisement promotes the drug for use by man). (vii) Contains favorable data or conclusions from nonclinical studies of a drug, such as in laboratory animals or in vitro, in a way that suggests they have clinical…
Document
21 CFR 202.1
Version
2026-09-16 — the link above is pinned to this date, so it shows the text as it stood then
Retrieved
2026-09-21 from www.ecfr.gov
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