Ad Law Access
FTC’s i-Health Settlement Features Evolving Substantiation and Fencing-In Standards
Earlier this week, the FTC announced that supplement marketers i-Health, Inc. and Martek Biosciences Corporation (the Companies) have agreed to settle charges of deceptive advertising for claiming that their…
Is that Flexibility We See in an FTC Order on Disease Claims?
On May 28, 2014, the FTC announced a settlement with the company that sells Lice Shield shampoos, leave-in sprays, and products to be applied to head gear. In the FTC’s view, the company did not possess adequate…
POM Wonderful LLC Raises the Stakes at the D.C. Circuit
On May 2, 2014, POM Wonderful LLC (“POM”) argued before the U.S. Court of Appeals for the D.C. Circuit, urging it to overturn a Federal Trade Commission (“FTC”) decision prohibiting POM from making disease-related…
Why Marketers Should Care about FDA’s OTC Drug Review
We’re all familiar with the phrase “speak now or forever hold your peace.” If you develop products that are in commerce pursuant to an OTC drug monograph — such as fluoride toothpastes, facial washes that also treat…
Fit To Be Tied? Lessons from the Fitbit Recall
The Consumer Product Safety Commission recently announced a recall of the Fitbit Force, a wireless activity-tracking wristband, because of consumer reports of rashes, skin irritation and blistering. Consumers are…