At the end of 2022, the Federal Trade Commission (FTC) released its Health Products Compliance Guidance—a blanket overhaul of the 1998 Guidance, Dietary Supplements: An Advertising Guide for Industry. The 2022 Guidance expands its scope to guide advertising practices for “any health-related product,” including dietary supplements, foods, over-the-counter (OTC) drugs, homeopathic products, devices, health equipment, diagnostic tests, and health-related apps” attempts to “correct misunderstandings” and “urban myths” that have circulated about past FTC substantiation standards. Separately, the Federal Drug Administration (FDA) finalized its Drug Products Labeled as Homeopathic guidance document, which explains FDA’s risk-based approach to prioritizing enforcement action for homeopathic drugs that FDA considers to be illegally marketed. 

Speaker

Claudia Lewis, Partner  @ Venable LLP

• What likely pitfalls might bring an FTC enforcement action alleging an unfair or deceptive practice for healthcare companies in light of this new guidance?
• How should stakeholders reevaluate their advertising and marketing materials for health-related products to ensure compliance with FTC standards in light of the 2022 guidance?