Judge Knocks Down FTC Substantiation Bar In POM Wonderful Case
This article was originally published in The Tan Sheet
Executive Summary
An FTC administrative law judge says the agency cannot require randomized controlled trials to substantiate nutrient claims. POM Wonderful calls the decision “a huge win,” but the firm still received a cease-and-desist order for its pomegranate juice and supplement claims.
You may also be interested in...
Nutrition Scientists Float “Least-Harm Strategy” To Allow Health Claims
Presenters at the IFT Wellness conference recommend that nutrition science move beyond randomized controlled trials – which typically are ill-suited to assess nutrient benefits – so development of new food and supplement products is not impeded.
Supplement Claim Ruling Rejects FTC View Of “Competent And Reliable” Evidence
In a decision that suggests FTC may have to broaden what it considers competent and reliable evidence, a federal court in Florida rules supplement firm Garden of Life performed adequate due diligence in making claims and was not in contempt of an order for permanent injunction.
Fair Standard Remains For Supplement, Drug Claim Substantiation – FTC
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.