The Federal Trade Commission abandoned its own standards in arguing that without clinical trials to back Phillips’ Colon Health probiotic claims, Bayer AG violated an earlier settlement on substantiating dietary supplement claims, a federal judge says.
FTC Stretched Standards In Enforcement Against Bayer Probiotic Claim
Judge Jose Linares states in his opinion that FTC’s requirement for “competent and reliable scientific evidence” to substantiate ad claims for consumer health care products aligns with FDA’s regulation of supplement claims under DSHEA, and Bayer complied with both agencies’ regs.
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