Advertising and Marketing for Compounding Pharmacies: Many Shades of Grey

While the advertising of FDA approved prescription drugs is highly regulated and clear guidelines are abundant, the limitations on allowable advertising for compounded medications are oblique, confusing, and inconsistently enforced. As a result, many compounding pharmacies find themselves taking an overly conservative approach out of fear of enforcement actions, while others step too boldly, seeking forgiveness rather than permission. This article explores both the historical reasons for the surprising level of ambiguity and uncertainty in the advertising of compounding pharmacies, as well as some helpful guidelines for developing compliant ads and appropriately assessing the risk of enforcement actions.