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ALJ opinion signals rejection of FTC’s rigorous substantiation requirements for food and dietary supplement claims

  • Sidley Austin LLP
  • -
  • USA
  • -
  • June 19 2012

Food and dietary supplement manufacturers can take some comfortat least for nowthat the Federal Trade Commission’s (FTC) recent consent decrees that impose on respondents draconian standards for advertising claims will not become the norm for future companies that run afoul of FTC advertising law

Draft guidance on DTC ad pre-review program

  • Sidley Austin LLP
  • -
  • USA
  • -
  • March 14 2012

On March 13, FDA released a draft guidance on pre-dissemination review of direct-to-consumer (DTC) television ads for prescription drugs, implementing FDCA 503B, added by Section 901(d)(2) of the FDA Amendments Act of 2007 (FDAAA), codified at 21 U.S.C. 353b (“The Secretary may require the submission of any television advertisement for a drug (including any script, story board, rough, or a completed video production of the television advertisement) to the Secretary for review under this section not later than 45 days before dissemination of the television advertisement”

GAO report on food labeling might signal renewed FDA resistance to qualified health claimsglobal life sciences: US-FDA update

  • Sidley Austin LLP
  • -
  • USA
  • -
  • January 24 2011

On January 14, 2011, the U.S. Government Accountability Office (GAO) issued a report entitled, “Food Labeling: FDA Needs to Reassess its Approach to Protecting Consumers from False or Misleading Claims,” regarding the use of qualified health claims and structurefunction claims for food products

FTC tells product marketers: beef up supporting data,or slim down weight-loss and other health-related claims

  • Sidley Austin LLP
  • -
  • USA
  • -
  • October 5 2010

Recent actions by the Federal Trade Commission ("FTC") against food and supplement marketers have substantial significance for companies advertising products that claim to provide weight-loss, health-promotion, or diseaseprevention benefits