Does FTC Health Ads Guide Read Like Rulemaking, Ignore Court Decisions On Requiring RCTs?

“I'm not sure they shouldn’t have done a notice of proposed rulemaking,” says attorney Claudia Lewis. From previous guidance, “the FTC has taken it a step in the different direction that you need robust scientific evidence, in their mind robust scientific evidence means clinical data.”

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The US Federal Trade Commission expanded its expectations so much in its updated advertising guidance health care products the agency should’ve considered proposing a rulemaking, a food and drug regulation attorney suggests.

“There are a couple of issues that I have with that guidance document,” said Claudia Lewis, a partner at Venable...

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