FTC's Substantiation Expectations In Consumer Health Claim Guidance Aren’t ‘Out Of Nowhere'

Advertising Claims Determine Substantiation, FTC Attorney Advises Consumer Health Sector

“Choosing which claims to make,” an advertiser “affects the amount of substantiation required. A structure function claim, supports digestive health, may require a different level of substantiation than if you choose to make the claim prevents diarrhea,” says FTC attorney Christine DeLorme.

FTC's 2022 update to its consumer health claims guidance was based on more than two decades of legal precedents since its 1998 original. • Source: FTC

The Federal Trade Commission’s 2022 health claims guidance update “didn’t come out of nowhere” and the notices of penalty offense sent earlier in 2023 to nearly 700 businesses in the consumer health space didn’t come from the guidance, says an attorney in the FTC Division of Advertising Practices.

Marketers of OTC drugs, homeopathic products, dietary supplements or functional foods, meanwhile, should know where substantiation for their health claims...

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ACNU Switch And IND Exemption Final Rules Targeted For October In FDA Regulatory Goals

 

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