But it is still possible to promote off-label use, if you know the rules, says Michael Drues, a regulatory consultant based in the Boston area. “It comes down to how you define the word ‘advertise,'” says Drues, who is president of Vascular Sciences.
President Donald Trump and his FDA commissioner nominee Scott Gottlieb may reduce regulation even more, though Drues says there is a more important question to ask: “What does the regulation really accomplish in the real world?”
If there’s evidence to support off-label use of medical devices, it is OK to encourage the use for the sake of innovation, Drues said.