News & Analysis as of

Efficacy Claims Federal Trade Commission (FTC)

Hendershot Cowart P.C.

FTC Advertising Compliance for Med Spas, IV Hydration

Hendershot Cowart P.C. on

The Federal Trade Commission (FTC) has broad authority over marketing and advertising, including for medical spas and other healthcare businesses. While there aren't specific regulations tailored solely to med spas or...more

Venable LLP

Unraveling a Tangled Net of Claims: Jury Split on a Jellyfish-Derived Supplement Product

Venable LLP on

In February 2024, a New York federal jury returned a split verdict in the New York attorney general’s lengthy battle against Quincy Bioscience, finding that certain of Quincy’s efficacy and establishment claims for a dietary...more

Baker Donelson

FTC Ruling Not So Wonderful For POM or The First Amendment

Baker Donelson on

On January 16, 2013, the U.S. Federal Trade Commission (FTC) issued a final ruling in a case about the advertisements for POM Wonderful LLC's 100% Pomegranate Juice and POMx supplements....more

Morrison & Foerster LLP - Class Dismissed

Is the FTC Decision in POM Wonderful a Game Changer? Only Time (and a Pending Appeal) Will Tell

The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more

Fenwick & West Life Sciences Group

“Clear and Conspicuous” FTC Guidance on Marketing Mobile Apps

The Federal Trade Commission (FTC or Commission) recently published a guide, Marketing your Mobile App: Get it Right From the Start, to help mobile app developers understand FTC advertising and privacy rules. ...more

Bradley Arant Boult Cummings LLP

Florida Court Rejects FTC’s Interpretation of Its Own Healthcare Advertising Requirements

The FTC requires that healthcare advertisements be substantiated with “competent and reliable scientific evidence.” What constitutes such evidence, however, is hotly debated. Not surprisingly, the FTC’s position is that...more

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