A New Era for the FTC Advertising Substantiation Standards?

59th Spring Meeting of the ABA Section of Antitrust Law

March 30, 2011

On March 30, 2011 partner Dana Rosenfeld spoke on the panel, A New Era for the FTC Advertising Substantiation Standards?” at the ABA Section of Antitrust Law Spring Meeting. The session addressed whether the substantiation provisions in the FTC’s advertising orders – Nestlé, Iovate, and, potentially POM – are harbingers of the heightened advertising substantiation standards requiring competent and reliable scientific evidence. The panelists discussed whether these orders fence in” respondents, clarify existing substantiation standards for health-related ad claims standards, or chill protected speech.