As pharmaceutical and medical device companies navigate the complex landscape of competitor monitoring, understanding the legal implications of competitive intelligence gathering becomes increasingly crucial. During the FDLI Advertising & Promotion for Medical Products Conference, a distinguished panel including Foley Hoag Marketing and Advertising Practice Chair, August Horvath will join Catherine B. Gray, Office Director of FDA's Office of Prescription Drug Promotion, and Jennifer Santos, Attorney at the National Advertising Division of BBB National Programs, for an essential session on "Pathways Toward Competitive Intelligence." Moderated by Jae Kim, Partner at DLA Piper LLP (US) and Co-Chair of the Conference Planning Committee, this discussion will delve into recent litigation and enforcement actions stemming from IP infringement, Lanham Act violations, and other actionable activities identified through competitor advertising monitoring. The panelists will share valuable insights on crafting effective cease-and-desist letters and navigating FDA's "bad ad" program, offering attendees practical guidance for addressing potential violations while maintaining compliance with regulatory requirements.
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