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  • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising
    Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

    This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

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  • Proving Health-Advertising Claims with Science: A 2023 Legal Guide
    Proving Health-Advertising Claims with Science: A 2023 Legal Guide

    This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

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  • Mislabeling vs. Misbranding: A Practical Guide with Examples
    Mislabeling vs. Misbranding: A Practical Guide with Examples

    In general, mislabeling refers to errors or omissions on product labels , while misbranding refers to false or misleading claims or representations about the product . Quick Examples of Mislabeling: A ...

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  • Misled by False Advertising? Fight Back! Free Consultation (Questionnaire)
    Misled by False Advertising? Fight Back! Free Consultation (Questionnaire)

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  • Does Federal Law "Preempt" (Block) State Lawsuits for Mislabeling?
    Does Federal Law "Preempt" (Block) State Lawsuits for Mislabeling?

    The below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...

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  • The Ultimate Guide to False-Advertising Law in New York: 22 FAQs
    The Ultimate Guide to False-Advertising Law in New York: 22 FAQs

    1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...

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