alex roberts in Elk: "physicians & other medical staff are p..."

physicians & other medical staff are promoting their practices to potential clients/patients by promoting

(using its generic & brand names) all over social media.

many of the posts hype dramatic weight loss & drive a huge influx of patients to their practices.

March 3, 2023 at 9:47:22 PM

are the posts advertisements?

if they are, a few things follow:
*they require disclosure of material benefit
*effectiveness claims must be supported by competent & reliable data
*they can't be false or misleading, incl. as to representativeness/typicality of testimonials...

*they must reflect the endorser's bona fide opinions & experience
*since

et al are drugs, ads would need to comply with @fda requirements around advertising drugs, incl. discussion of side effects

novo nordisk, maker of

& , told businessinsider it's aware of the posts but it does not 'currently work with any influencers to share their experience taking [the drugs] through their personal social media channels."

https://www.businessinsider.com/semaglutide-weight-loss-videos-flood-tiktok-instagram-discuss-ozempic-wegovy-2023-2

Insider

Semaglutide weight-loss videos are flooding TikTok, Instagram

Medical staff say interest in semaglutide, sold as Wegovy and Ozempic, is exploding, and TikTok posts are helping them reach new patients.

& the doctors & nurses who spoke to this reporter said they weren't paid partners of novo nordisk.

but they do stand to benefit from the posts, which are designed to--and are proven to--bring more new patients into their offices.

does that mean they're endorsements of

& even if they're not ads paid for by novo nordisk?

or are they ads for the drugs, but ads by third parties who stand to benefit from sales of them? or are they ads, but for the medical/aesthetic services?

if so, we might have the same concerns about their accuracy & compliance with agency rules.

do false ad laws & agency rules like the FTCA and FD&C act?