FTC's Substantiation Expectations In Consumer Health Claim Guidance Aren’t ‘Out Of Nowhere'
Advertising Claims Determine Substantiation, FTC Attorney Advises Consumer Health Sector
“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.
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“There is no bright-line requirement that a company possess randomized, controlled clinical studies before making so-called ‘health benefit’ claims for dietary supplements,” CRN states in petition. FTC, however, says it “makes no bright-line distinctions between categories of health-related products or claims.”
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.
PDC Brands declines to provide support for nine challenged claims for Dr. Teal’s line of balms, lotions, oils, soaps, sprays and other topicals. It continues using those after halting use of 25 other similar claims challenged by P&G, marketer of melatonin-containing ZzzQuil.