---
title: “Free Speech in the Fog of Scientific Uncertainty” by Professor Jane Bambauer
date: 2017-08-30T17:27:03-04:00
author: Import Bot
canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/free-speech-in-the-fog-of-scientific-uncertainty-by-professor-jane-bambauer"
section: Blog Posts
---
# “Free Speech in the Fog of Scientific Uncertainty” by Professor Jane Bambauer

  August 30, 2017

 

 

 

 

 

 

In the following article authored by University of Arizona Law Professor Jane Bambauer, the professor makes a compelling argument that FTC/FDA regulation of health claims should focus on situations where the government has compelling evidence of actual harm. Professor Bambauer offers an opinion that high standards for health benefit claims can effectively silence commercial speech in areas where science may still be developing, to the detriment of consumers. The current method of analysis, the Professor contends, does not give adequate weight to consideration of the consequences of prohibiting a claim that may actually be true – one of the six Pfizer factors that is regularly overlooked in substantiation analysis.

To read the article, please [click here](https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/08/29/free-speech-in-the-fog-of-scientific-uncertainty/?utm_term=.01be18d4f4b8).

 

 

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