The claims they are a-changin’

In the first update to dietary supplement advertising guidance since 1998, the Federal Trade Commission (FTC) issued its Health Products Compliance Guidance in December 2022. Then, in April 2023, FTC sent out a mass notice of penalty offenses to almost 700 companies that market dietary supplements, OTC drugs, homeopathic products, and functional foods, referring to the guidance and warning that the agency could pursue civil penalties for companies that did not substantiate their claims.

Moderated by Asa Waldstein (Supplement Advisory Group), this session will feature discussion of the new guidance, the notices, and the impact of both, as well as adequate claim substantiation. Attorney Ricardo Carvajal (Hyman, Phelps & McNamara) will also review current trends in litigation.