MLRagent

Don't use retrospective stats to imply rigor for unsuited study designs

AI-verifiedwarningBinding lawRaised as a question — a person decides

Rule

An ad may be misleading if it uses statistical analyses or techniques on a retrospective (post hoc) basis to suggest scientific validity and rigor for data from studies whose design or protocol is not amenable to formal statistical evaluation.

Check

Where the ad presents statistical analysis applied retrospectively/post hoc, check whether the underlying study design or protocol is amenable to the formal statistical treatment presented.

Escalate when

Suitability of the study design for the statistical technique used is a matter of expert judgment; escalate when it is unclear whether the analysis was truly post hoc/retrospective or whether the design could reasonably support the formal statistical treatment shown.

Where this comes from

21 CFR 202.1(e)(7)(iii). The highlighted words are quoted exactly; a script confirms they appear in the source before the rule can be published.

…t if it: (i) Contains favorable information or conclusions from a study that is inadequate in design, scope, or conduct to furnish significant support for such information or conclusions. (ii) Uses the concept of “statistical significance” to support a claim that has not been demonstrated to have clinical significance or validity, or fails to reveal the range of variations around the quoted average results. (iii) Uses statistical analyses and techniques on a retrospective basis to discover and cite findings not soundly supported by the study, or to suggest scientific validity and rigor for data from studies the design or protocol of which are not amenable to formal statistical evaluations. (iv) Uses tables or graphs to distort or misrepresent the relationships, trends, differences, or changes among the variables or products studied; for example, by failing to label abscissa and ordinate so that the graph creates a misleading impression. (v) Uses reports or statements represented to be statistical analyses, interpretations, or evaluations that are inconsistent with or violate the established principl…
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
Fingerprint
a542640a872b3f2702d549e8…