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Fair Standard Remains For Supplement, Drug Claim Substantiation – FTC

This article was originally published in The Tan Sheet

Executive Summary

The Federal Trade Commission says consent orders that require more clinical tests to substantiate health claims than are required for other product categories are fair because they are based on the nature of the claims, agency officials say.

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Confirmations by the Senate mark FTC ’s first-ever complete leadership turnover at once and fill out the roster for the first time since President Trump’s election in 2016. The agency has been operating with two commissioners since soon after the election.

FTC Actions On Supplement Claim Substantiation Put Industry On Alert

Substantiation “is not defined by one study or two studies and by whether the FTC likes that study or not,” attorney Todd Harrison says at CRN’s annual convention. Scott Bass, an attorney who worked on writing DSHEA, says “FTC has declared, at least informally, ‘We don’t care about FDA law.’”

FTC Actions On Supplement Claim Substantiation Put Industry On Alert

Substantiation “is not defined by one study or two studies and by whether the FTC likes that study or not,” attorney Todd Harrison says at CRN’s annual convention. Scott Bass, an attorney who worked on writing DSHEA, says “FTC has declared, at least informally, ‘We don’t care about FDA law.’”

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