You NEED to speak to an attorney who specializes in FDA issues. The facts you've laid out here are too sparse to give you any sort of real answer. You can expect to have to pay a retainer to get good legal advise on a question of this magnitude.
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The other attorney is absolutely right. Not only are there FDA issues, there are federal and state direct marketing procedures you are going to have to look at to make sure your commercial is compliant.Ask a similar question