Category Archives: FTC

FTC Commissioners Fight Over Free Speech and Dr. Oz as Court Settles RCT Debate

In a major win for the dietary supplements industry and the Republican minority on the Federal Trade Commission, the D.C. Circuit Court of Appeal has reversed the FTC’s split decision in POM Wonderful that imposed a rigid requirement of two … Continue reading

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FTC Commissioners Remain Divided on Health Claim Substantiation

While the appeal of the Federal Trade Commission’s (FTC) decision in POM Wonderful that “disease treatment” claims must be backed by two randomized controlled trials (RCTs) inexorably makes its way to the Supreme Court (it’s currently in the Washington, D.C., … Continue reading

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FTC Ratchets Up “Conspicuous” Bar For Negative Option Disclosures

It was a busy Fall for the Federal Trade Commission in its non-stop enforcement campaign against “continuity” programs it feels do not “clearly and conspicuously” disclose the terms of a “negative option” offer (under which the consumer agrees to recurring … Continue reading

Posted in Direct Response, FTC, Online Marketing | Tagged , , , , | 2 Comments


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