Katie Bond Quoted in Nutritional Outlook Article on FTC Issuing Hundreds of Civil Penalty Notices

Keller and Heckman Partner Katie Bond was quoted in the Nutritional Outlook article, “FTC is issuing hundreds of civil penalty notices to supplement and food companies. How does it impact your firm?” The article discusses the Federal Trade Commission (FTC) sending 670 civil penalty notices to supplement and food companies, and refers to the April 17, 2023 client alert by Katie titled, “The FTC Notices on Claim Substantiation: A Reminder of a Nearly 15-Year-Old Trend.” Katie writes in the alert that these supplement and food companies are “a veritable who’s who of U.S. consumer product companies, with one household name after another identified.”

The article stresses that the companies who were sent notices should make sure their advertising is substantiated and compliant. Katie also adds a few points about start-up companies: “One other thing I noticed is that [FTC] does look at sales data. So if a company is a start-up and really starting to rack up sales, and maybe they’re taking more risk with claims, that’s the time to make sure you’re hiring your lawyers and keeping it in order as you grab that market share, because they do see sales as a measure of consumer harm if they think that the claims are deceptive.”

To read the full article, please click here.