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.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE CAN THANK ATTORNEY MEMMEN BY MARKING IT “BEST ANSWER” or “HELPFUL.” Mr Memmen is donating his time and talent by answering questions to help those in need of legal information. THIS IS NOT A CONSULTATION and in no way creates an attorney-client relationship. Alexander Memmen recommends that you always consult – in person – with a local attorney before taking any action.
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.