Structuring Claim Substantiation in the Face of New FTC and NAD Activities

May 24, 2017 1:00pm

Rebecca L. Griffith
Senior Staff Attorney National Advertising Division
Council of Better Business Bureaus, Inc.

Brent Johnson
Holland & Hart LLP

  • Establishing best practices for claims substantiation by looking at current FDA and NAD activity
    • Determining what you can say and not say
    • Direct vs. implied claims
  • Identifying current FTC and NAD hot spots
  • Exploring Lanham Act challenges relative to false and misleading claims for competitor products
  • Assessing when health claims for a food product which has been cleared through FDA’s pre-market clearance procedures can be deemed unauthorized under the FDCA
  • Identifying circumstances under which disease prevention claims for a food product may relegate that product to the status of an unapproved new drug
  • When social media and websites can be viewed as a means of advertising and promotion