The FTC's "Reasonable Basis" Standard Has Evolved For Disease Efficacy Claims

Decades ago, in an action the Federal Trade Commission (FTC) brought against Pfizer, Inc., the FTC identified several factors to weigh in determining the appropriate level of substantiation an advertiser must have for objective advertising claims. Over the years, the standard has changed, and various proceedings brought by the FTC in 2018 suggest the steps that advertisers should take in 2019 when claiming that their products treat disease.

The Evolution
In the Pfizer matter, the FTC challenged the company's "numerous statements and representations respecting the pain relieving properties" of a product it offered for persons suffering from sunburn. The FTC declared that Pfizer's statements or representations that its product actually would anesthetize nerves in sensitive sunburned skin or that it was otherwise effective required prior support before making the claim.