The Research Process: Substantiation, According to FTC
Not surprisingly, FTC doesn't like to review research that has been conducted after a company has received a query. And even though the agency has said it is happy to lend its discretion to review “post-hoc” data support, there is no document that states the circumstances in which it may, in its discretion, consider post-claim evidence in substantiation cases. Actually, in its substantiation challenges, “after the fact” studies have not been considered as support for the claims accept as product
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