March 1, 2013
Partner Gonzalo E. Mon was interviewed in the "GC Agenda" section of Practical Law The Journal. Mr. Mon provided commentary regarding the FTC case against POM Wonderful and the implications the decision has for future advertising substantiation cases. This case has reminded advertisers and their counsel that the FTC requires reasonable substantiation for both express and implied ad claims, and may impose individual liability on an officer for his personal involvement in a company's marketing campaign. It serves as a warning, along with other recent FTC settlements imposing similar requirements, that the FTC continues to scrutinize both express and implied health and disease-related claims.
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