A recent social media post praising a pregnancy drug by reality TV celebrity, Kim Kardashian, has raised issues with the U.S. Food and Drug Administration. As a paid spokesperson for Canadian drug company, Duchesnay, Kardashian made a post about the drug across several social media sites, which was later ordered to be taken down due to lack of information about risk and usage details. The medication she posted about, Diclegis, is a prescription pill designed to alleviate morning sickness in pregnant women. The formula for Diclegis was originally created and marketed as Bendectin in the U.S. in 1956, but was withdrawn from the market after a series of lawsuits claiming it caused fetal malformations in 1983. Although the FDA never found proof of a link between Bendectin and fetal malformations, the legal costs caused the company to go bankrupt, and no new medications for pregnancy induced nausea were granted approval for thirty years. The most common side effect is drowsiness, with serious side effect occurring very rarely. It currently holds a Class A pregnancy safety rating, which is the highest rating provided.
The celebrity, who is pregnant with her second child, wrote, “OMG. Have you heard about this? As you guys know my #morningsickness has been pretty bad. I tried changing things about my lifestyle, like my diet, but nothing helped, so I talked to my doctor. He prescribed me #Diclegis, and I felt a lot better and most importantly, it’s been studied and there was no increased risk to the baby.” She then linked her post to the safety information page, but it was not sufficient enough for the FDA, which had released suggestions last year on how social media should be used to promote FDA regulated material. According to Kardashian’s representative, Ina Treciokas, the posts were removed and this statement was released, “Kim gave her personal experience and ran this statement by the company, and the company signed off on it. Any additional questions should be directed at the company.” Following an order to submit a letter to the FDA by August 21st outlining plans to prevent future violations, Duchesnay stated that it would, “effectively address any issues,” for social media campaigns.
If you or a loved one have suffered due to misleading marketing practices, the lawyers at Hodes Milman Liebeck are here to help you. Contact us today online at hmlm.com or call 866-730-1976 for a complimentary case evaluation.