The PricePlow Podcast

#103: Michael Goodman - 700 FTC Warning Letters Explained by Expert Lawyer


Listen Later

https://blog.priceplow.com/podcast/michael-goodman-ftc-warning-letters-103

In April of 2023, the Federal Trade Commission (FTC) unexpectedly sent warning letters to about 700 drug companies and dietary supplement brands regarding substantiation of their product claims. Their letters stated that there was no active investigation, and that “The fact that a company is on this list is NOT an indication that it has done anything wrong”, but it obviously raised a great deal of concern in both industries.

To find out what was going on, and to get a general lesson in the concerns of the Federal Trade Commission, we brought on FTC subject matter expert Michael Goodman of Hudson Cook, LLP to explain the story. We retained Michael for a check-up on our website in 2018, and kept in touch because of his excellent work.

In this podcast, we get a great lesson on what the FTC cares about in terms of misleading product claims, and the legal process a company will find themselves in when the agency comes knocking on their door.

As for those FTC warning letters, the long story short is that they’re an unforeseen side effect of a 2021 Supreme Court decision, and were sent as a preemptive measure in case the FTC were ever to want to seek financial penalties. In four words: “The clock has started”.

Check it out on YouTube (video below), Spotify, or any RSS-enabled podcast app:

https://www.youtube.com/watch?v=l8r6nz52m2c

Detailed Show Notes with FTC Legal Expert Michael Goodman of Hudson Cook, LLP

  • (0:00) – Introductions: Michael Goodman and Hudson Cook, LLP
  • (5:30) – How to look for misleading claims
  • (9:15) – The FTC’s guidance for health products
  • (13:15) – Disclosure of a paid relationship
  • (16:15) – Enforcement of regulations
  • (21:00) – The process of enforcement
  • (27:00) – How often does the FTC take action on violations?
  • (31:45) – What’s the hot topic right now with privacy?
  • (39:45) – The Supreme Court Decision that precipitated the warning letters
  • (46:22) – Buzzwords
  • (50:30) – “Made in the USA” is a very actionable claim
  • (54:00) – How to get in touch with Michael
  • Important Links:

    • Hudson Cook’s Website: https://www.hudsoncook.com
    • Hudson Cook’s LinkedIn: https://www.linkedin.com/company/hudson-cook-llp/
    • Michael Goodman’s LinkedIn: https://www.linkedin.com/in/michael-goodman-5044505/
    • ...more
      View all episodesView all episodes
      Download on the App Store

      The PricePlow PodcastBy Supplement Industry Thought Leaders

      • 5
      • 5
      • 5
      • 5
      • 5

      5

      15 ratings


      More shows like The PricePlow Podcast

      View all
      Boundless Life by Ben Greenfield

      Boundless Life

      5,006 Listeners

      Mind Pump: Raw Fitness Truth by Sal Di Stefano, Adam Schafer, Justin Andrews, Doug Egge

      Mind Pump: Raw Fitness Truth

      11,844 Listeners

      Pod Save America by Crooked Media

      Pod Save America

      86,591 Listeners

      Siim Land Podcast by Siim Land

      Siim Land Podcast

      202 Listeners

      TRIGGERnometry by TRIGGERnometry

      TRIGGERnometry

      1,838 Listeners

      The Dr. Hyman Show by Dr. Mark Hyman

      The Dr. Hyman Show

      9,283 Listeners

      The Peter Attia Drive by Peter Attia, MD

      The Peter Attia Drive

      8,004 Listeners

      Everyday Wellness with Cynthia Thurlow ™ by Everyday Wellness™

      Everyday Wellness with Cynthia Thurlow ™

      1,211 Listeners

      The Hunter Williams Podcast by Hunter Williams

      The Hunter Williams Podcast

      68 Listeners

      Huberman Lab by Scicomm Media

      Huberman Lab

      28,554 Listeners

      We Might Be Drunk by Sam Morril and Mark Normand

      We Might Be Drunk

      2,798 Listeners

      The Ezra Klein Show by New York Times Opinion

      The Ezra Klein Show

      15,457 Listeners

      Club Random with Bill Maher by Bill Maher

      Club Random with Bill Maher

      4,257 Listeners

      The Dr. Gabrielle Lyon Show by Dr. Gabrielle Lyon

      The Dr. Gabrielle Lyon Show

      1,144 Listeners