Medical Device Ad Enforcement Resources Limited for FDA, FTC Says GAO Report

From 2018 to 2022, the FDA took 225 enforcement actions on medical device advertising while the FTC took 67 such actions, says a new report from the Government Accountability Office (GAO), but officials admitted they have limited resources to actively monitor the entire volume of direct-to-consumer advertising meaning more enforcement action may still be needed.

In the 13-page report, published Sept. 8, “Medical Advertising: Federal Oversight of Devices,” the GAO noted that since 2009 the agency has placed FDA oversight of medical products, including medical devices, on its high-risk list, and the government watchdog used the report to explain when and how the FDA and FTC decide to take enforcement action.

The GAO also found that, like the FDA, FTC officials reported having limited resources and competing priorities for using them. The agency considers the extent of consumer injury, financial and physical, when determining how to allocate their resources.

Read the GAO report here.

Read the CDRH report here.

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