the site owner has control over how their internal site search provides results and those results, like any other messaging, need to be compliant
We recently reviewed this FDA warning letter sent on January 29, 2013 to Medical Doctors Research (MDR), a nutritional supplement manufacturer.
The letter cited a variety of issues, but the one that caught our attention was the reference to the search within the website. MDR included a site search functionality where someone could enter a keyword and it provides results from the pages within that website. The FDA letter notes: “In addition, typing the key word ‘cancer’ or ‘diabetes’ into your product search field located on your website brings up your product lists to include Fitness tabs for Men, Longevit – E and others, implying your products are intended for use in the diagnosis, cure, mitigation, treatment or prevention of such diseases. Your products are not generally recognized as safe and effective for the above referenced uses, and therefore, the products are ‘new drugs’ under Section 201(p) of the Act [21 U.S.C. § 321(p)].”