Tip for digital health start-ups: To navigate regulatory gray areas, “engage early and engage often” with the FDA

FDA’s enforce­ment dis­cre­tion for dig­i­tal health is more ambigu­ous than ever in 2021 (Mobi­Health­News): The dig­i­tal health ecosys­tem has swelled to encom­pass a broad range of prod­ucts over the years. On one end of the spec­trum is soft­­ware-as-med­i­cal-devices (SaMD) and pre­scrip­tion dig­i­tal ther­a­peu­tics, prod­uct cat­e­gories for which a com­pre­hen­sive reg­u­la­to­ry strat­e­gy and engage­ment with the FDA…

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Brain training franchisor LearningRx settles FTC complaint about its marketing claims

Learn­ingRx To Pay $200K For Alleged­ly Unproven Claims That Brain Train­ing Can Improve Income, Treat Autism & ADHD (Con­sumerist): “The com­pa­ny behind the Learn­ingRX “brain train­ing” pro­gram has agreed to pay a $200,000 set­tle­ment and to stop mak­ing claims that its sys­tem is clin­i­cal­ly proven to treat seri­ous health con­di­tions, or that it can 

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Under new CEO, Lumosity to expand brain training platform with focus on applied skills and broader social, wellness factors

Lumosity’s Stum­ble Reveals How We Think About Think­ing (Buz­zFeed News): “The ads were per­va­sive, pop­ping up on CNN, Fox News, NPR, and Google search­es. And they were per­sua­sive: Play­ing Lumos­i­ty games would do your brain good…But these claims sound­ed a lit­tle too rosy to the Fed­er­al Trade Com­mis­sion, which 

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Important conversation: Who knows more about improving vision, a) the Federal Trade Commission or b) 60+ vision scientists

FTC Action Risks Sti­fling Inno­va­tion, Health App Inven­tor Says (Bloomberg): “Fed­er­al enforce­ment action against the mak­ers of a mobile app that claims to improve users’ vision will have a chill­ing effect on sci­en­tists hop­ing to com­mer­cial­ize their research, the app’s inven­tor told Bloomberg BNA Feb. 24.

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Next: How to best civilize the mobile brain health and brain training Wild West (Tip: Consumer education may help more than pure regulation)

UC River­side Pro­fes­sor Slams Feds, Stands By His Health App (KQED): “UC River­side pro­fes­sor of psy­chol­o­gy Aaron Seitz had an idea for a mobile health app based on his area of research.…Seitz is the aca­d­e­m­ic behind UltimEyes, the vision improve­ment app that got dinged by the Fed­er­al Trade Com­mis­sion (FTC) for $150,000 last week for mak­ing deceptive…

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