Katie Bond and Samuel Butler Author a Natural Products Insider Article on FTC Notices on Claim Substantiation

Keller and Heckman Partner Katie Bond and Associate Samuel Butler authored a Natural Products Insider article, “FTC notices on claim substantiation might not pass muster in the courts.” In the article, Katie and Sam inspect the Federal Trade Commission's (FTC) authority to obtain civil penalties when a company has notice of another's past violation and engages in the same act or practice. 

“Given the relevant statutory language and the single existing case interpreting it, the new practice of blanketing industry with notices is likely not as legally substantiated as FTC would have you believe—and it is certainly not based on competent and reliable judicial evidence,” write Katie and Samuel.

However, “even if the new notice may be more bark than bite,” write Katie and Samuel, “the general trend of FTC in substantiation cases—particularly on health-related claims—remains a serious concern. The new notice on claim substantiation is a good reminder to remain aware of the kinds of arguments the agency is making in debate-over-science cases and be sure your company is staying ahead of them.”

To read the full article, please click here.