The FTC's Overreaching Regulation Of Homeopathic Drugs

By Todd A. Harrison, Claudia Lewis, Michelle Jackson and Ashley Saba, Venable LLP (December 7, 2016, 3:17 PM EST) -- Todd A. Harrison

Claudia Lewis On Nov. 15, 2016, the U.S. Federal Trade Commission decided once again to force itself into the U.S. Food and Drug Administration's ill-fitting shoes, this time by effectively establishing safety and effectiveness standards for over-the-counter (OTC) homeopathic drugs. In particular, the FTC issued a new policy statement taking the position that claims for homeopathic drugs, like other health-related claims for other types of products (e.g., dietary supplements or allopathic OTC drugs), must be substantiated by "competent and reliable scientific evidence." From the FTC's perspective, reliance on "traditional homeopathic theories" (i.e., the foundation of an entire body...

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