Ahead of the Super Bowl, telehealth company Hims & Hers on Jan. 28 released a provocative commercial attacking the weight loss industry to get attention. And it’s done just that: Lawmakers now want the Food and Drug Administration to review whether the ad runs afoul of pharmaceutical advertising rules.
In a letter sent Friday morning to FDA acting Commissioner Sara Brenner, Sens. Dick Durbin (D-Ill.) and Roger Marshall (R-Kan.) wrote that they worry that the Hims ad, which will be seen by millions of people during the big game on Sunday, “risks misleading patients by omitting any safety or side effect information” about the compounded weight loss drugs that it promotes. And they say that they “believe FDA may already have the authority to take enforcement action against marketing that may mislead patients about this company’s products.” Enforcement actions could include warning letters or civil penalties.
The letter follows growing concern that telehealth companies hawking compounded copies of blockbuster GLP-1 drugs like Wegovy are overstating their benefits without spelling out the potentially serious side effects, like pancreatitis, gallbladder and kidney problems, changes in vision, and thoughts of suicide.
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