FTC Does Advertising Law Enforcement, Not Second Chances For Ad Claims Arbitration
Some firms that challenged ad claims NAD attorneys later bring to FTC's attention want to take more shots at the claims while businesses making the claims want to repeat their arguments from NAD reviews, says Carolyn Hann, FTC chief of staff for advertising practices.
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NAD forwards to regulatory agency its concerns about claims by Hypernatural and Letitox Nutrition after they didn’t participate in the industry self-regulation forum. Both firms’ claims were challenged by the Council for Responsible Nutrition as part of a program with NAD it previously supported.
Avadim Health argues National Advertising Division expects substantiation for its homeopathic topical claims at the same level FDA requires for NDAs. NAD also said although FTC’s competent, reliable scientific evidence standard is “flexible” to some degree, pain claims are held to a more rigid standard.
“There’s a heightened need for products that deliver against health, hygiene and clean home concerns and a willingness to spend just a little bit more to ensure that I’m using a product that I know and trust,” says CFO Jon Moeller