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How the FDA Defeated 21 USC 343(r)(3)(C)

By Jonathan W. Emord Emord Blog at   In the FDA Modernization Act of 1997 Congress enacted an amendment that would permit health claims to appear on the labels of foods and dietary supplements if those claims were an accurate representation of an authoritative statement made by a scientific body of the United States […]

FTC Burden of Proof Offends the First Amendment

By Jonathan W. Emord As Bethany Kennedy explains in her recent post, the Federal Trade Commission’s staff expects advertisers of health benefits to possess competent and reliable scientific evidence in advance of advertising a health benefit claim.  In particular, that means an advertiser must have written evidence on hand before advertising.  The absence of the […]

FTC Staff’s Two Clinical Trials Standard Likely to Continue Even if POM Wins

In the POM Wonderful case, the FTC ALJ rejected FTC staff demands that certain claims there in issue had to be backed by at least two well-designed clinical trials or they would be deemed deceptive.  The issue is before the full Commission and will be decided on January 18, 2013.  Even if the full Commission […]

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