The November issue of WholeFoods Magazine features an extensive article on the topic of FTC compliance, with a number of informative quotes from NPF Legal Advisory Chairman Marc Ullman:

Again and again, FTC has made clear through its declarations and actions that there are some things that simply will not be tolerated in terms of dietary supplement advertising claims. FTC enforcement has long focused on claims of rapid weight loss, along with supposed ?miracle cures,? according to Marc Ullman, partner in Ullman, Shapiro & Ullman, LLP, New York, NY and chairman of the Legal Advisory Council of the Natural Products Foundation (NPF), Washington, D.C. ?The commission has made it clear that it is of the opinion that without lifestyle changes, no pill is going to cause weight loss, whether it?s a pharmaceutical or a dietary supplement,? says Ullman, whose law firm?s work includes U.S. Food and Drug Administration (FDA) and FTC compliance issues. This work entails helping companies identify product claims that may raise red-flags with regulators, and helping to ensure a proper understanding of the level of scientific substantiation required to make claims.

These types of unlikely claims, whether the company believes they are backed by legitimate evidence or not, tend to invite FTC inquiry, in Ullman?s experience. The faith in some strategies meant to keep FTC at bay, such as disclaimers about ?typical results,? or the placement of a footnote about ?diet and exercise? in an advertisement with overreaching weight loss claims, may be unfounded. Ullman says the commission has made clear that these inclusions will not deter them from taking a hard look at a misleading advertisement.

Check out the rest of the article online at WholeFoods Magazine:
FTC Compliance: What to Watch For
Where will the agency?s regulatory focus fall in the coming months and years?