On April 13, 2023, FTC issued a Notice of Penalty Offenses Concerning Substantiation of Product Claims ("Substantiation Notice") and a Notice of Penalty Offenses Concerning Deceptive or Unfair Conduct around Endorsements and Testimonials ("Endorsement Notice") to approximately 670 companies marketing over-the-counter drugs, homeopathic products, dietary supplements, and functional foods. While the notices purport not to reflect any assessment as to whether a company has engaged in deceptive or unfair conduct, they caution recipients to avoid deceiving consumers with advertisements that make product claims that cannot be backed up or substantiated.
Although the distribution of the notices was limited to certain companies reportedly making or likely to make health claims, they are clearly aimed at a broader audience of efficacy and performance claims-makers. In a related press release, FTC stated it will be taking a more aggressive enforcement stance on deceptive advertising, and that it may seek civil penalties against companies engaging in conduct that they know has been found unlawful in previous FTC administrative orders, other than consent orders.
The notices itemize acts or practices determined by FTC to be deceptive or unfair, including the following:
Park Filed Complaint Against President Lee Ahead of 2021 Election Jang Youngha Sentenced to One Year in Prison, Two Years Probation Confirmed The police have launched an investigation into Park Chu...