By H. C. Dung, Curtis P. Clogston, Joeming W Dunn
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Extra info for Acupuncture: An Anatomical Approach
C. § 45. 58. C. 23 (1972). 59. C. 488 (1973), aff'd. 2d 1333 (2d Cir. 1973), cert. S. C. 391 (1976). See also, Policy Statement Regarding Advertising Substantiation Program, 49 Fed. Reg. 3099931001 (Aug. 2, 1984). 60. Comments of the Bureaus of Competition, Consumer Protection and Economics of the Federal Trade Commission to FDA Docket No. 85N-0061 in response to request for comments on proposed FDA regulations regarding public health messages on food labels and labeling (1987) (hereinafter, ''FTC Health Claims Comments") at 13.
31). The "intended use" or intended effect of an article may be determined by reference to the claims made in labeling and advertising for it. Cosmetic effects are considered to be superficial, while drug effects are thought to be more physiological in nature. Two cases from the 1960s involving skin care products illustrate the types of cosmetic product claims that have been found to trigger drug status. United States v. . " The product acted to smooth and firm the skin temporarily by tightening the surface as it dried.
Reg. 3099931001 (Aug. 2, 1984). 60. Comments of the Bureaus of Competition, Consumer Protection and Economics of the Federal Trade Commission to FDA Docket No. 85N-0061 in response to request for comments on proposed FDA regulations regarding public health messages on food labels and labeling (1987) (hereinafter, ''FTC Health Claims Comments") at 13. 61. C. C. C. Cir. 1986), cert. S. 1086 (1987); Bristol Myers v. C. 2d 554 (2d Cir. 1984), cert. S. 1189 (1985). A 1987 FTC consent agreement with a toothpaste manufacturer demonstrates the range of what the FTC considers a "reasonable basis" sufficient to substantiate a product claim.