FTC: Weeding Through Substantiation Of Health Care Ads

Law360, New York (April 17, 2012, 12:42 PM EDT) -- The Federal Trade Commission (FTC) requires that health care advertisements be substantiated with “competent and reliable scientific evidence.” What constitutes such evidence, however, is hotly debated. Not surprisingly, the FTC’s position is that health care claims should be substantiated with fairly rigorous testing.

Last month, though, a Florida district court handed the FTC a setback and ruled that a provider of dietary supplements may simply rely on a supplier’s representation and an outside expert’s review of published studies.

In 2006, the FTC settled with Garden of...
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