The FTC is in a kerfuffle with the manufacturer of Pom Wonderful, a pomegranate juice that claims several health benefits, like reducing the risk of heart disease, prostate cancer, and impotence — claims that the FTC thinks should be preapproved by the FDA. The FTC recently has enunciated a stricter policy against deceptive advertising by food and dietary supplements. Of course, Pom is challenging the action on First Amendment grounds. This is a good example of how FTC and FDA jurisdiction intersect (somewhat) for consumer advertising (the FTC’s bailiwick) that makes health claims (the FDA’s bailiwick). [Thanks to Amanda Morin for the link]
Archive for September, 2010
For the second class on dietary supplements on Tuesday, September 21st, please read the following documents about FDA’s objections to Del-Immune’s labeling. Read the web site that gave rise to FDA’s warnings, then FDA’s Warning Letter, then Del-Immune’s response to FDA. This is a great example of the materials we’ll be discussing, as well as how FDA communicates its objections and how companies respond.