Recently, a three-judge panel reversed an FTC order requiring POM Wonderful to substantiate certain health-related advertising claims by using two randomized, well-controlled human clinical trials. This new ruling indicates that FTC’s ability to impose substantiation requirements is not boundless and courts may intervene if they believe the standards are too strict.
The full article DC Circuit Court puts limits on FTC’s advertising substantiaion requirements can be found at Norton Rose Fulbright’s Brand Protection Blog.
