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ARTICLE · 11 DECEMBER 2018

It's Doctor Recommended! Or Is It?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Two cases this week – one from the FTC and one from NAD – deal, in part, with doctor recommended claims. In the NAD case, the advertiser, Capillus Inc.,

United StatesMedia, Telecoms, IT, Entertainment

Two cases this week – one from the FTC and one from NAD – deal, in part, with doctor recommended claims.  In the NAD case, the advertiser, Capillus Inc., maker of Capillus 82, a low-level laser therapy medical device for hair loss, claimed that its device was "physician recommended."  To support that claim, Capillus submitted testimonials from five hair restoration experts. NAD noted that three out of the five testimonials addressed a predecessor laser therapy product, and two referred to the general benefits of laser therapy in treating thinning hair.  Thus, neither was sufficient, NAD determined, to support a doctor recommended claim and NAD recommended that it be discontinued.  

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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