Federal Law/FDA & FTC Compliance

The Federal Trade Commission (FTC) is a federal entity that sets FTC laws all companies must comply with, no matter their industry or size. The issues below represent some of the most important FTC laws to consider when analyzing your company’s FTC compliance procedures. A Priori FTC attorney can help you comply with all FTC requirements and FTC laws and address any issues as they arise. 

If you manufacture or sell a product for human consumption, we can help you comply with Food & Drug Administration (FDA) regulations regarding advertising and labeling your food item or nutritional supplement.  If you advertise or market any product or service to consumers, the Federal Trade Commission (FTC) guidelines will determine how you can communicate to consumers.  We can help you navigate through these regulations. 

Our Denver law firm focuses on Food and Drug Administration (FDA) law and Federal Trade Commission (FTC) compliance, particularly with supplements and nutritional products.

We can provide assistance with:

  • Manufacturing and distribution agreements
  • Review of product labels for FDA compliance
  • Advice on food supplements
  • Private label agreements
  • Review of marketing materials for FDA and FTC compliance
  • Rules and guidelines for sweepstakes and contests

The Food and Drug Administration is a federal agency within the Department of Health and Human Services that regulates the release of new health products and new foods.

The Federal Trade Commission is an agency within the U.S. federal government that regulates fair and free competition and enforces federal antitrust laws, including those that prohibit price-fixing and false advertising.

Both of these regulatory agencies have complex laws, rules, and regulations that must be followed.

If you’re planning to bring a new product to market and/or are entering into an agreement with another business that falls under the scope of the FDA or FTC, we can provide legal advice and assistance.

Areas of FTC Compliance

Because of the FTC's broad scope, reviewing FTC compliance can be a complex process for companies. Here are some of the key areas of FTC compliance that affect most companies.

Competition

The FTC enforces antitrust laws to discourage "anticompetitive" business practices. This generally means that mergers and acquisitions must be approved by the FTC. In addition, the FTC investigates any potential horizontal and vertical restraints to business, which means that supply chain agreements your company contracts for and potential anticompetitive behavior with direct competitors will fall under FTC scrutiny.

Advertising and Marketing

Almost all advertising and marketing laws are enforced by the FTC, including the truth in advertising guidelines, product labeling laws, telemarketing campaign restrictions, and even laws that determine which products can be marketed to children. Your advertising department must be aware of these restrictions and strictly adhere to them, especially if you are in certain industries subject to even more regulation.

Financial Products and Practices

While most securities laws fall under the purview of the SEC, some are enforced by the FTC, especially products marketed to the general public, so you must be careful to find out if stock offerings will need additional FTC compliance consideration. In addition, if your company offers financial products to customers, these products require clear disclosures and careful execution for FTC compliance. This even includes layaway practices and payment plans, so most companies will need to consider these rules, even if they are outside of the financial industry.

Fraud

Investigating fraud is a large part of the FTC's purpose. Obviously, this includes outright scams, but it also concerns “deceptive claims” not backed by proper evidence. Any claims made by a product or in an offer must be properly vetted by an FTC attorney for FTC compliance.

Privacy and Data Protection

Privacy and data protection should be of great concern to all companies today, especially as the FTC steps up enforcement of privacy laws. Your company should be careful to put privacy policies in place, as well as proper safeguards to protect data. If breaches occur, an increasingly common event, you not only face serious public relations problems, but also FTC scrutiny and potential penalties.

E-Commerce and Internet Marketing

The internet is a growing area of FTC law. If you have any sort of web presence, you must comply with e-commerce regulations and internet marketing laws. These regulations are constantly changing, which means that every company should have someone dedicated to looking out for potential online liabilities and FTC compliance risks.