This article, published in the Food and Drug Law Institute Update
magazine, discusses Federal Trade Commission (FTC) orders on health-related advertising claims, including standards for ad substantiation. Recent rulings have trigged the Commission to revise its standard order language and substantiation guidance to be more specific. The authors review important precedent and policy considerations in favor of the prior, broad standard that companies possess "competent and reliable scientific evidence," and significant precedent that places limits on the FTC requiring more specific substantiation, as part of fencing-in relief.
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