001. at natlawreview.com, we're told by Joanne S. Hawana in "FTC Issues Long-Awaited Enforcement Policy on OTC Homeopathic Drugs" (2016-11-15):
"there are well-established standards for how to make effective disclosures in advertising, of course, and in this particular case, FTC’s Enforcement Policy also lays out clearly what additional information may be necessary to prevent certain homeopathic claims from being misleading – these disclosures should include that: there is no scientific evidence that the product works; the product’s claims are based only on theories of homeopathy from the 1700s that are not accepted by most modern medical experts. FTC’s statement also notes the 'inherent contradiction' in telling consumers that a product is effective and simultaneously telling them that there’s no scientific evidence for that assertion. In light of that incongruity, it is possible that even those clear disclosures may not prevent consumer deception – and on that problem, FTC advises companies to develop extrinsic evidence, such as consumer surveys, to determine the net impression being taken away from their marketing materials. This FTC Enforcement Policy represents a turning point for the consumer-focused homeopathic industry. It remains to be seen whether FDA also decides to reform its historical approach to OTC homeopathic drugs, and whether FDA chooses to either revise or withdraw a 1988 policy document that outlines conditions under which such products can be marketed without a demonstration of effectiveness. And of course the change in Administrations that we will experience after January 20, 2017 may have an affect on these executive branch policies and priorities";
the pain of having to be honest. Such a pain when you are used to being treated 'as if, without...' Ah, inklings of regulatory honesty.
