Category Archives: Direct Response

Reversing Prior Losses, FTC Scores a Win in its RCT Crusade

As I have written before (see past posts at https://ftcadlaw.com/blog/), it is no secret that the Federal Trade Commission’s substantiation policy on health claims, including for dietary supplements, is that the only acceptable form of substantiation is a randomized, placebo-controlled … Continue reading

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FTC To Review Its Negative Option Rules. It’s About Time!

No marketing method has incurred the wrath of the Federal Trade Commission, with more dire consequences (asset freezes, receiverships, ruinous monetary judgments) to the targets of its wrath, than continuity, subscription or auto-renewal plans containing a “negative option” feature (under … Continue reading

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The FTC Warns CBD Marketers a Second Time About False Health Claims

In December, it will be a year since Congress, as part of the “Farm Bill,” legalized hemp-derived CBD containing less than 0.3% THC (the psychoactive compound that distinguishes hemp from its cannabis cousin, marijuana, which remains on the ban list). With this green light, and the new surge of momentum it was bound to give to the “CBD Rush,” I predicted that the Federal Trade Commission, which had been on the sidelines as long as CBD was a banned substance under the jurisdiction of the Drug Enforcement Administration, would get in the game. Continue reading

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