A
According to one page on the FDA's website:
I don't see how both statements can be correct... help...?
"Under the FD&C Act, FDA has regulatory authority over the labeling of all medical devices. However, FDA's regulation of medical device advertising is limited to a subset of medical devices [ie, restricted devices, as discussed later on this page]. The Federal Trade Commission (FTC) regulates the advertising, as opposed to the labeling, of most medical devices under sections 12-15 of the Federal Trade Commission Act, which prohibit false or misleading advertising of certain products that FDA regulates. (Title 15, United States Code [U.S.C.] section 52-55)."
But according to this page on the FDA website:
"According to an appellate court decision: "Most, if not all advertising, is labeling. The term 'labeling' is defined in the FFDCA as including all printed matter accompanying any article. Congress did not, and we cannot, exclude from the definition printed matter which constitutes advertising.""
This seems to be a contradiction to me as to if advertising is separate from labeling (as the first statement implies), or if advertising is a subset of labeling, as the second statement seems to be saying.
I don't see how both statements can be correct... help...?