FTC Will Ask Congress To Sharpen Monetary Relief Authority Dulled By Supreme Court Ruling
Justice Breyer suggests FTC ask Congress to strengthen its enforcement rules. It is “free to ask Congress to grant it further remedial authority,” according to court opinion stating a rule the FTC has wielded for forty years to impose financial penalties doesn’t grant it authority to obtain equitable monetary relief.
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“Choosing which claims to make,” an advertiser “affects the amount of substantiation required. A structure function claim, supports digestive health, may require a different level of substantiation than if you choose to make the claim prevents diarrhea,” says FTC attorney Christine DeLorme.
‘Akin To Junk Mail,’ FTC Notices Of Penalty Offense Don't Identify Health Claim Violations – Petition
Trade group ask FTC to withdraw notices, arguing it is attempting to impose substantiation standard prohibited under FDA regulations for supplement manufacturing and marketing and are inconsistent with its own as well as FDA guidance
“The defendants’ argument rests on a misunderstanding of the basis for the contempt judgment” which were “imposed because the defendants violated the injunction,” says three-judge 11th Circuit panel.