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The Regulatory Revolution at the FTCA Thirty-Year Perspective on Competition and Consumer Protection$
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James C. Cooper

Print publication date: 2013

Print ISBN-13: 9780199989287

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199989287.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 November 2019

In Defense of the Pfizer Factors 1 , 2 , 3

In Defense of the Pfizer Factors 1 , 2 , 3

(p.83) 8 In Defense of the Pfizer Factors1 , 2 , 3
The Regulatory Revolution at the FTC

J. Howard Beales

Timothy J. Muris

Robert Pitofsky

Oxford University Press

This chapter examines one particular aspect of consumer protection law—advertising substantiation—highlighting its merits and defending it against recent transgressions. It analyzes the FTC's 1972 Pfizer decision, which established the principle that an advertiser must possess and rely upon a “reasonable basis” to substantiate its advertising claims. This doctrine has allowed the Commission to determine on a case-by-case basis whether an advertiser's evidence is sufficient to support its claim without being constrained by overly rigorous or formalistic tests. The chapter explains why “competent and reliable scientific evidence” is the appropriate standard for health-related claims about foods, and discusses the application of the standard to dietary supplements. It explains why repudiation of the Pfizer factors cannot be justified as fencing in relief.

Keywords:   consumer protection law, advertising substantiation, substantiation doctrine, Pfizer, dietary supplements

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