The guidance, issued this year is a departure from common marketing practice of dietary supplements and food, and misrepresents the state of the law, CRN said.
The trade organization said the notices issued earlier this year were inconsistent with regulatory practice, and unenforceable because they violate due process.
Notices are seen as a maneuver after the Supreme Court ruled FTC can no longer use Section 13(b) of the FTC Act to collect fines from first-time offenders.
The agency is acting like an overbearing parent, undermining its credibility by promulgating stringent regulations via suggestion without input from industry.
By Todd Harrison, Partner, and Melanie English, Associate, Venable01.12.23
Purveyors of dietary supplements, IV 'therapies,' and ozone 'therapies' were accused by the FTC of purporting that their products could fight COVID-19.