One of the Federal Trade Commission’s key duties is to protect consumers from deceptive advertising. The FTC does this, in part, by ensuring that advertisers can substantiate their claims. While executing this duty, the FTC generally seeks to prevent consumer harm while maximizing the amount of useful information available to consumers. Commissioner Maureen Ohlhausen believes that, in some cases over the past several years, the FTC has required a heightened level of substantiation, thereby reducing the useful information available to consumers. In a recent decision, POM Wonderful, the D.C. Circuit offered additional guidance on striking the proper balance, echoing themes that Commissioner Ohlhausen has raised in debates with her colleagues at the FTC. Commissioner Ohlhausen discussed this and other recent cases and how the FTC should address deceptive advertising in the future.
- Hon. Maureen K. Ohlhausen, Federal Trade Commissioner