Dietary supplement, personal care and other companies faced with potential civil penalties under the US Federal Trade Commission’s penalty offense authority have a strong defense on both statutory and Constitutional grounds, says John Villafranco, partner at Kelley Drye & Warren LLP.
Companies Targeted By FTC Using Penalty Offense Authority Have Strong Defense, Attorney Says
John Villafranco, partner at Kelly Drye & Warren LLP, says the US FTC’s ability to obtain monetary relief using the penalty offense mechanism is questionable both on statutory and Constitutional grounds. Marketers faced with civil penalties – for example, for alleged inadequately substantiated health claims – should stand their ground, he suggests in a recent interview.
More from Marketing & Advertising
• By
Vitawell seeking to empower consumers left confused by the vast array of dietary supplements available to them in the UK.
• By
National Advertising Division finds Magni Group didn’t support claims made on MagniLife Gel packaging, in direct-mail advertisements and online and in social media “Rapid Pain Relief.”
• By
Australia's SFI Health looking to take Equazen omega-3 fatty acids supplement to new markets to capitalize on Europe's fast-growing brain health segment.
• By
With its new CanesMeno range, Bayer Consumer Health wants to help the estimated 13m women in the UK who are currently perimenopausal or menopausal.
More from Business
• By
By taking a majority stake in dynamic dietary supplements firm Braineffect, Germany's Schwabe can reach a new, younger target audience for its OTC herbal medicines.
• By
A round-up of the latest consumer health industry appointments: GSCF elects chair; Kenvue hires Northern Europe head; Barentz names chief commercial officer.
• By
Bayer Consumer Health hopes its new InflammAge saliva-based biomarker can help “revolutionize self-care and how people can manage their aging journey.”