FTC Denies Petition for Advertising Claim Guidelines

WASHINGTON--The Federal Trade Commission (FTC) announced Dec. 5 that it had denied a petition requesting further guidance from the agency on substantiation of advertising claims for dietary supplements. The December 1999 petition had sought a rule allowing advisory opinions on the meaning of its scientific standards for "structure/function claim" advertising or a rule outlining how the agency evaluates scientific evidence when evaluating such claims.

In FTC's letter to Emord & Associates, counsel for the joint plaintiffs (Julian Whitaker et. al.), the agency stated that its Supplement Advertising Guide, issued in November 1998, provides "sufficiently specific and concrete guidance about the 'competent and reliable scientific evidence' standard." It further noted that "competent and reliable scientific evidence" is FTC's standard for claims relating to the health or safety of a product, and that the FTC Act mandates two basic obligations: that advertising be truthful and non-misleading and that advertisers have adequate substantiation. The "structure/function" and "health" claim details are specific to the Food and Drug Administration (FDA) and its regulatory structure, vs. FTC's requirements.

Emord's media release noted that the petitioners are now contemplating whether to take any additional legal action. For more information, visit www.emord.com or www.ftc.gov.

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