NPF Legal Advisory Chair Talks Misleading Ads with FTC

Marc Ullman, legal advisory council chairman for the Natural Products Foundation (NPF; Washington, DC), met with the FTC’s Richard Cleland last week to discuss illegal drug claims on dietary supplements.

On behalf of NPF’s Truth in Advertising campaign-a team of volunteer attorneys who vet dietary supplements for illegal and misleading advertising-Ullman presented Cleland with documentation on 26 marketers currently making drug claims for dietary supplements. Unlike a number of companies approached by the Truth in Advertising program in years past, these 26 marketers failed to respond to NPF “warning letters” by bringing their marketing materials into legal compliance.

“With guidance, advertisers often correct their materials and move on without issue,” says Ullman. “Most are grateful for the educational resources and advice NPF provides, and quick to make their promotions right…however, when companies are unwilling or unable to bring advertising into compliance after they’ve been notified of a problem, then the only option left is regulatory action.”

Since 2010, the Truth in Advertising campaign has sent over 235 warning letters to dietary supplement companies and referred 73 cases to the FTC and FDA. Its team of volunteer attorneys includes Marc Ullman (Ullman, Shapiro, & Ullman; New York City), Jackie Kuler (Gronek & Associates; Chicago), Nicholas Licato (Nexgen Pharma; Irvine, CA), and Jim Prochnow and Justin Prochnow (Greenberg Traurig; Denver).