Advertising: The Federal Trade Commission and Private ...
Advertising: The Federal Trade Commission and Private Rights of Action
? 2012 Venable LLP 1
Agenda
FTC's Role and Authority Claim Substantiation Private Rights of Action
? 2014 Venable LLP 2
FTC's Role and Authority
FTC Authority
Under the Federal Trade Commission Act, an "advertisement" subject to FTC jurisdiction can include marketing materials in any media--print, electronic (online), television, radio, or verbal representations of sales staff.
The FTC may challenge an advertisement, if it is:
? False or deceptive ? Likely to mislead reasonable consumers ? Likely to influence consumer purchasing decisions or
otherwise affect important consumer decisions
? 2014 Venable LLP 3
FTC's Role and Authority
FTC v. FDA
FTC has primary jurisdiction over advertising for food, OTC drugs and cosmetics
FDA has primary jurisdiction over prescription drugs and labeling for food, OTC drugs and cosmetics ? FDA broadly interprets "labeling" (e.g., websites referenced on the label brings all website content under FDA jurisdiction)
? 2014 Venable LLP 4
Claim Substantiation
FTC Substantiation Standard
? "Reasonable Basis" for advertising claims
? What is a "reasonable basis?"
? Pfizer Factors (1972) ? Type and specificity of claim ? Type of product ? Consequences of a false claim ? Degree of consumer reliance ? Type and accessibility of evidence
? 2014 Venable LLP 5
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related download
- advertising the federal trade commission and private
- appendix qualifying products 076314151091 emergen c
- wic number item description 123975 24 7 coffee
- familiar around the world pfizer
- consumer healthcare solutions pfizer
- energy drinks beware and be aware not for
- immune system need a boost emer gen c mind spirit
Related searches
- federal insurance commission complaints
- consolidate federal and private loans
- joint commission and verbal orders
- federal insurance commission office
- loan calculator with trade in and payoff
- compare and contrast public and private school
- international trade advantages and disadvantages
- the joint commission and medicare standards
- federal banking commission complaints
- federal communications commission complaint form
- federal trade commission complaint form
- federal trade commission id theft