• by John Gaffney , December 5, 2002

An assistant director for the Federal Trade Commission told MediaDailyNews Wednesday that a set of standards for dietary ads that contain false claims would be issued sometime next year. Those standards will most likely come after the FTC has received responses to its hearing in late November on the topic. That response time will expended to late January.

“At the end of the comment period we will come up with a list of claims that are not scientifically feasible,” said Rich Cleland, FTC assistant director. “I think it’s too broad a brushstroke to say that magazines have to be totally responsible for advertising content. But we are suggesting that there are some claims which are so outside the box in terms of scientific feasibility that they should be declined by the publications.”

Several trade groups, including the Magazine Publishers of America, were concerned that the FTC was moving toward making media properties accountable and perhaps legally liable for the content of dietary product ads. Cleland insists that no media properties would have to substantiate claims made in ads. He says that the inordinate amount of fraud in the diet category is moving the FTC action.

“Asking the media to help is one thing. No publisher wants to publish ads that are misleading or even defective,” said MPA executive VP Michael Pashby. “But once you take on the obligation, you really take on the obligation to review all ads.”

Pashby is in the process of filing a response to the November meeting. He doesn’t expect transcripts from it until Jan. 1, 2003. He is adamant that legal precedent is on the side of media owners, and believes that the onus of accountability should lie with the companies producing the ads and their creative agencies.

“I don’t’ want to characterize this as a big threat to publishers right now,” he said. “In the end I believe common sense will prevail.”