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FTC Commissioners Remain Divided on Health Claim Substantiation

While the appeal of the Federal Trade Commission’s (FTC) decision in POM Wonderful that “disease treatment” claims must be backed by two randomized controlled trials (RCTs) inexorably makes its way to the Supreme Court (it’s currently in the Washington, D.C., … Continue reading

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FTC Ratchets Up “Conspicuous” Bar For Negative Option Disclosures

It was a busy Fall for the Federal Trade Commission in its non-stop enforcement campaign against “continuity” programs it feels do not “clearly and conspicuously” disclose the terms of a “negative option” offer (under which the consumer agrees to recurring … Continue reading

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FTC Snares Ingredient Supplier in Widening Liability Net

My last article and others before discussed a new core enforcement strategy at the Federal Trade Commission (FTC): widening the net of liability and consumer redress recovery through actions against third-party service providers to marketers, such as payment processors and … Continue reading

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