Balancing Advertising and Brand Promotion of Your OTC Drug Product with the Latest FTC Guidance on Health Claims and Green Claims

January 23, 2024 1:00pm

Kellie Combs
Partner
Ropes & Gray

Jennifer Santos
Attorney
National Advertising Division (NAD)

Nikki Reeves
Partner
King & Spalding LLP

Grappling with the implications of the FTC’s new Health Products Claim Substantiation Guidance on OTC drug products
- How much evidence, and what type of evidence, will be needed going forward to substantiate health-related claims for OTC drugs?
- Developing effective advertising, labeling and substantiation strategies while steering clear of compliance pitfalls
Examining the proposed changes to the Green Guides and the impact that FTC’s contemplated rulemaking could have on environmental marketing claims for OTC drug products (eco-friendly, biodegradable, etc.)
- Exploring differences in FTC’s guidance and state law requirements for the term “recyclable”
Understanding the nuances between superiority and comparative efficacy claims
- Analyzing the clinical data requirements needed to support these claims
- How are FTC and NAD viewing/treating these claims?
Developing a roadmap for testing and claims substantiation that will protect your OTC drug product from FTC and NAD scrutiny, as well as attacks from the plaintiff’s bar
Special considerations for making and substantiating ESG claims

OTC Drugs