The Atlantic

An Age-Old Battle: The FDA Versus the Shill

<span>The kerfuffle over Kim Kardashian’s drug-promoting Instagram selfie is nothing new</span><span>: As long as the FDA has existed, it’s had to figure out how to regulate drug advertisements in new forms of communication technology.</span>
Source: Jorge Gonzalez / Flickr

Last month, celebrity-news and health-policy bloggers had a rare moment of overlap after the Food and Drug Administration issued a warning letter to the pharmaceutical company Duchesnay, which manufactures Diclegis, a prescription-only anti-nausea pill. At stake: a single selfie with pill bottle.

The image that attracted the censure of the FDA was an Instagram posted on July 20 by Kim Kardashian. The image featured her upper torso, right hand, and face, with a bottle of Diclegis prominently displayed in her grasp. “OMG,” the caption began:

Have you heard about this? As you guys know my #morningsickness has been pretty bad. I tried changing things about my lifestyle and my diet, but nothing helped, so I talked to my doctor. He prescribed my Diclegis, I felt better, and most importantly it’s been studied and there is no increased risk to the baby.

Kardashian’s post, sent to 42 million followers on Instagram and 32 million on Twitter, wrote that she was “partnering” with Duchesnay to “raise awareness about treating morning sickness”—but was . By touting the benefits of Diclegis for its FDA-approved use as a paid spokesperson (which Duchesnay ), Kardashian transformed her selfie into a pharmaceutical advertisement. The FDA specifically objected to the lack of “fair balance” on August 30.

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