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Medical Commercial Legality

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Daniel StoneMedical Commercial Legality
by on Nov 21, 2006 at 10:22:14 pm

I'm producing a commercial for a doctor which will contain an actor portraying a patient giving a testimonial. In other words, the "patient" will be played by an actor, not a real patient.

By law, do we need to put a graphic on the screen saying that she's not a real patient?



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Mark SuszkoRe: Medical Commercial Legality
by on Nov 22, 2006 at 3:38:33 pm

I have always seen disclaimers used for these, very very tiny ones but they have always been there somewhere along the bottom. So my guess is yes it is a requirement, at least in the U.S.


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Daniel StoneRe: Medical Commercial Legality
by on Nov 22, 2006 at 4:53:26 pm

Yea, that's what I thought. Where could I find out for sure? Do I have to hire a lawyer to research that?



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Mark SuszkoRe: Medical Commercial Legality
by on Nov 22, 2006 at 5:07:14 pm

My first guesses are Nolo's website and the FDA website, or any lawyer could look it up for you over the phone for maybe fifty bucks or so.


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David Roth WeissRe: Medical Commercial Legality
by on Nov 24, 2006 at 7:31:03 pm

[Mark Suszko] "any lawyer could look it up for you over the phone for maybe fifty bucks or so."

Mark,

You must know some pretty friendly lawyers. Fifty bucks wouldn't motivate any lawyers I know, and I know bunches of lawyers.

DRW


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