by Risa Schulman
While the happy victory of the court decision in Bayer v. US (FTC) still rings in our ears, business marches on, and we ask: How do we integrate elements of the court decision regarding adequate scientific substantiation into our own decision making? Even without it being mandated, two randomized, controlled trials had been the de facto highest standard for those wishing to err heavily on the side of conservatism regarding their claim substantiation risk. This recent ruling may seem to “give permission” to drop this high standard, but should that be the case?
Let’s examine two resources that can help us as we move into the “after” of this story, during which it may be possible that the top line of the decision becomes the bottom line in an inaccurate way.
FTC standards themselves and what they mean and the FDA standards… read the full article
