Procedure: Commercial Ad, Labeling and Health Claims Compliance Check
Country: Global Procedure
Version #: 01/05/2024
Author: Vlad Reznikov
Editor: Daria Kostiuchenko
ID: GP-PhR-CLH-SR
Category: Pharmaceuticals/MD&IVD/Others
Validity: Until next NRA update
Certified by: Vlad Reznikov
Copyright: Pattern of USA Inc.
SUMMARY
A Commercial Ad, Labeling, and Health Claims Compliance Check for healthcare products involves a thorough review and verification process to ensure that marketing materials and advertisements adhere to regulatory standards and guidelines. This process evaluates marketing materials, product labels, and health claims to verify accuracy, fair presentation of information, and compliance with applicable regulations. The goal is to prevent misleading statements, false advertising, or inaccurate health claims. This check encompasses scrutiny of content against guidelines established by National Regulatory Authorities (NRAs), such as the U.S. FDA, to guarantee that promotional materials and labeling meet legal and ethical standards. It aims to provide transparent and reliable information to consumers and healthcare professionals while upholding the integrity of healthcare product marketing.
The U.S. Food and Drug Administration (FDA) conducts commercial ad compliance checks to ensure that marketing materials and advertisements for healthcare products comply with regulatory standards. The FDA monitors promotional activities to verify the accuracy of product claims, fair presentation of information, and overall adherence to applicable regulations. This includes assessing the content of advertisements, labeling, and health claims associated with pharmaceuticals, medical devices, and other healthcare products.
The FDA’s Office of Prescription Drug Promotion (OPDP) is specifically responsible for overseeing the promotion and advertising of prescription drugs to ensure that they are truthful, balanced, and not misleading. The FDA may issue warning letters or take regulatory actions if it identifies violations during these compliance checks.
It’s essential for manufacturers and advertisers of healthcare products to be aware of and adhere to FDA regulations to maintain compliance and avoid potential legal and regulatory consequences. Regular compliance checks are part of the FDA’s efforts to safeguard public health by ensuring that information provided in commercial ads is accurate, fair, and in line with regulatory requirements.

Must-Have Requirements, Recognized Standards, and Certifications:
- Product Summary, IFU
- Questions, Suggestions and Proposals
Nice-to-have:
- Scientific researches and publications
Typical Gaps and Deficiencies: Excessive Health Claims, Unscripted Screenplay, Unreliable Scientific Researches
Implementation Period: Upon NRA approval if applicable
Deliverables: Compliance report, Labeling, Health Claims, Commercial Ad. approval if applicable
PHASE | TASK | TASK | START | DURATION | Fee | KPI | ||
NUMBER | TITLE | OWNER | W/M/Q/Y | in weeks | 3rd Party | Service | State | |
0 | In-house Pre-Submission Activity | |||||||
0.1 | NDA signing or validation | Executor | week 1 | 1 | ||||
0.2 | Contract Closing | MAH | week 1 | 1 | ||||
0.3 | SOW is approved by MAH | Executor | week 2 | 1 | ||||
0.4 | Invoice is sent to MAH and paid | Executor | week 2 | 1 | POP | |||
I | Commercial Ad, Labeling and Health | |||||||
I.1 | Input information forwarding to Executor | MAH | week 3 | 1 | ||||
I.2 | Assembling relevant NRA information | Executor | week 4 | 1 | ||||
I.3 | General and scientific information review | Executor | week 5 | 2 | ||||
I.4 | Comprehensive Health Claims evaluation | Executor | week 7 | 1 | ||||
I.5 | Comprehensive Labeling evaluation | Executor | week 7 | 1 | ||||
I.6 | Comprehensive Commercial Ad evaluation | Executor | week 8 | 1 | ||||
I.7 | Risks, deficiencies, gaps identification | Executor | week 8 | 1 | ||||
I.8 | Labeling development | Executor | week 9 | 1 | Labeling | |||
I.9 | Health Claims development | Executor | week 9 | 1 | Health Claims | |||
I.10 | NRA check to obtain an official Commercial Ad. approval | Executor | week 10 | 4 | Approval | |||
F | Final Phase In-house Post-Authorization Activity | |||||||
F.1 | Service Acceptance Certificate signing | MAH | week 14 | 1 | ||||
F.2 | Final Invoice | Executor | week 14 | 1 | ||||
F.3 | Final Payment | MAH | week 15 | 1 | ||||
F.4 | Contract Termination | Executor | week 15 | 1 | ||||
F.5 | Archiving and limiting access | Executor | week 16 | 1 | Archiving |
Feel free to submit a Request for Proposal (RFP) for a specific country or territory to info@patternofusa.com