By Mike Montemarano, Associate Editor07.18.22
With growing use of claims surrounding Environmental, Social, and Governance (ESG), expect regulators will put increased enforcement pressure on companies to ensure their claims are clear and substantiated.
Jeff Brams, chief innovation and legal officer for Garden of Life, Inc., and Katie Bond, partner at Lathrop GPM, discussed challenges, notable class actions, and state laws at the American Conference Institute (ACI) and Council for Responsible Nutrition (CRN) Legal, Regulatory, and Compliance Forum on Dietary Supplements in New York City.
The FTC’s
Jeff Brams, chief innovation and legal officer for Garden of Life, Inc., and Katie Bond, partner at Lathrop GPM, discussed challenges, notable class actions, and state laws at the American Conference Institute (ACI) and Council for Responsible Nutrition (CRN) Legal, Regulatory, and Compliance Forum on Dietary Supplements in New York City.
The Enforcers
The two key enforcers with the most significant authority to investigate a company and its claims substantiation are the Federal Trade Commission (FTC) and state regulators, such as Attorneys General. But just as important to look out for are actions from the plaintiff’s bar, the BBB National Programs' National Advertising Division (NAD), consumer groups, and competing companies which can challenge each other’s advertising claims through the Lanham Act, said Bond.The FTC’s
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