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Decision On Bayer Probiotic Claim Could Weaken FTC Argument For Clinical Trials

This article was originally published in The Tan Sheet

Executive Summary

FTC attempts through litigation, rather than rulemaking to establish RCTs as the standard for supplement claims, industry stakeholders say. The decision shows FTC “may not attempt to apply new standards … through contempt and threats of contempt,” says Jonathan Cohn, lead counsel for Bayer in the litigation.

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