United States: Advertising, Marketing & Branding

Force Factor Brands markets its Total Beets line of beet-based dietary supplements as “America’s #1 Best-Selling Beets Brand,” the “#1 Best Selling Beets Brand in America,” and the “#1 Beets Brand in America.”

When Force Factor Brands claimed its Total Beets line was "America's #1 Best-Selling Beets Brand," a competitor challenged the assertion, arguing that revenue-based sales figures told a different story. The National Advertising Division was tasked with determining the proper metric for substantiating "best selling" claims in the dietary supplement market.

The Supreme Court's 6-3 decision in Trump v. Slaughter overturned 91 years of precedent by declaring the FTC's for-cause removal protections unconstitutional, fundamentally reshaping the balance of power between the President and independent agencies. This landmark ruling extends beyond the FTC to impact dozens of independent agencies with similar removal provisions, reflecting the Court's growing skepticism toward aspects of the modern administrative state. The decision raises critical questions about pres