Podcasts Are Marketing

I’m sometimes asked about “what are the risks and best practices” when company officials appear on podcasts discussing ingredients, products, and diseases. This warning letter involves a prescription cancer drug’s executive chairman appearing on a podcast and a TV ad, and FDA determined that he was making out-of-scope claims about his company’s drug. Even though this is a drug warning letter and not related to supplements, there are some learning opportunities.

A key point is that company executives should use extreme caution when publicly promoting products because statements made in interviews/podcasts may be treated as promotional communications.

Other than not making inaccurate or dangerous claims, an important best practice is to avoid the “commercial bridge,” which is typically when a brand’s website or socials links to the podcast. In the warning letter the drug company appears to have linked the podcast from their website, and to be fair, this company had previously received untitled letters from FDA regarding misleading claims, and the allegations in this warning letter are serious.

From warning letter. “This podcast is available on the ImmunityBio “News and Events” webpage. Accessed March 13, 2026. https://immunitybio.com/is-the-fda-blocking-life-saving-cancer-treatments/”

Here are some of the cited issues in the warning letter.

From warning letter. “We have now discovered and developed this drug…It’s approved for bladder cancer, but it actually can treat all cancers.”

From warning letter. “The consistent and pervasive misleading efficacy claims and representations presented across promotional materials on different platforms are especially concerning from a public health perspective, given that they grossly misrepresent the benefits”

From warning letter. “Anktiva is not approved as a treatment for “all cancers” or lung cancer after failure of checkpoint inhibitors, nor is it approved for any form of cancer prevention.”

Read the warning letter here.