Successful defense to a dietary supplement advertising inquiry from the Electronic Retailing Self-Regulation Program (ERSP)
We were retained to defend an ERSP inquiry into the support for a number of dietary supplement advertising claims, including several strong and specific performance claims. KKB reviewed available clinical studies and other scientific and technical information potentially supportive of the claims, and developed a strategy for responding to the inquiry. We worked directly with the client's outside scientific expert to prepare a statement describing the competent and reliable scientific evidence supporting the claims. KKB attorneys incorporated this expert statement along with other substantiation into a brief that presented a robust defense against the ERSP challenge and offered only minor modifications to certain claims. Though the ERSP raised difficult follow-up questions concerning the adequacy of the substantiation, we prepared a second brief and supporting expert statement addressing those questions as well.
Throughout the process we worked closely with the company's internal legal, regulatory, and marketing staff to ensure we efficiently presented the strongest possible defense. The inquiry was closed by the ERSP without any further modifications to the claims.