The Future of Claim Substantiation After POM Wonderful
March 20, 2013
Executive Summary
In its most important decision on the substantiation doctrine in years, a unanimous FTC dealt a harsh blow to an advertiser and disappointed an enforcement staff that wanted tougher rules. In the same decision, POM Wonderful, a divided FTC argued over whether and how well the advertiser tailored its claims to match the evidence it had. Did the FTC finally settle the long simmering debates on the amount of evidence an advertiser must have to support a claim? Did the FTC make new law? How will the decision affect ongoing investigations and private litigation? Will it survive appeal? A former Director of the Bureau of Consumer Protection and an ANA member will discuss these questions and give both encouraging and discouraging news about the future of advertising law at the FTC.
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Speakers: Bill MacLeod, Partner, Kelley Drye & Warren LLP; Adam Newton, Associate General Counsel-Associate Director, The Procter & Gamble Company
