Whether FDA finds an old claim through an AI tool, a competitor's tip or an investigator's own browsing, the consequences are the same: in this final part, we look at what the agency has said about AI surveillance and what it hasn't.
FDA is likely systematically scanning online content
FDA has confirmed that it is using AI and other tech-enabled tools to proactively surveil drug advertising … and it has made those tools available agency-wide.
What it has not said is whether they are being pointed at dietary supplement, cosmetic and OTC claims.
However, the public record supports a clear answer on capability and an inference on application.
FDA has publicly confirmed it uses AI for prescription drug advertising
On 9 September 2025, FDA issued a press release titled “FDA Launches Crackdown on Deceptive Drug Advertising,” thereby announcing that the agency is “already implementing AI and other tech-enabled tools to proactively surveil and review drug ads.”
The press release stated that FDA “will no longer tolerate such deceptive practices” and would “aggressively deploy its available enforcement tools.”
FDA sent thousands of letters warning pharmaceutical companies to remove misleading ads and issued approximately 100 cease-and-desist letters.
The release characterised FDA’s prior approach as “increasingly lax and reactive,” noting that warning letters to pharmaceutical companies had dropped to one in 2023 and zero in 2024.
However, this announcement was expressly directed at prescription drug direct-to-consumer advertising and was issued in connection with the Office of Prescription Drug Promotion.
It did not mention dietary supplements, cosmetics or OTC drugs.
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