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Supplement Claim Ruling Rejects FTC View Of “Competent And Reliable” Evidence

 
• By Dan Schiff

In a decision that suggests FTC may have to broaden what it considers competent and reliable evidence, a federal court in Florida rules supplement firm Garden of Life performed adequate due diligence in making claims and was not in contempt of an order for permanent injunction.

A federal judge strikes a blow against the Federal Trade Commission’s nutritional product advertising enforcement, ruling that supplement firm Garden of Life LLC performed adequate due diligence in making health and label claims and thus was not in contempt of an order for permanent injunction.

The Feb. 27 decision from the U.S. District Court for the Southern District of Florida suggests FTC may have to broaden what it considers competent and reliable scientific evidence in...

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