FTC, FDA and Private Enforcement of Food Advertising
1 PM EDT
The FDA and FTC share jurisdiction over food advertising and labeling under a 2009 joint memorandum of understanding. Many advertising claims regarding food bridge the line between "advertising" and "labeling" that demarcates the primary territory of the two agencies, and private litigation-based enforcement is active with respect to both areas. In practice, how has the division of labor and occasional cooperation between the agencies and with the private bar worked out? Is further guidance warranted? This panel explores these questions.
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