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False Advertising First Amendment Enforcement Actions

Miller Canfield

FTC’s Power to Demand Substantiation for Ads Faces Fiery Lawsuit

Miller Canfield on

Under current Federal Trade Commission (FTC) policy, an advertising claim requires substantiation if it makes an objective assertion about a product or service. But a new lawsuit filed by a former defendant in an FTC suit...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Future of Government Regulation, Enforcement of Off-Label Promotion"

Three years ago, in United States v. Caronia, the U.S. Court of Appeals for the Second Circuit held that the Federal Food, Drug and Cosmetic Act (FDCA) neither prohibits nor criminalizes truthful, nonmisleading speech that...more

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