A cosmetic company markets an OTC topical cream claiming to reverse psoriatic lesions. Who may legally challenge this claim?

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The claim made by the cosmetic company regarding its OTC topical cream that it can reverse psoriatic lesions can be legally challenged by both the FDA and the FTC, making the choice the most accurate.

The FDA (Food and Drug Administration) oversees the regulation of drugs, including over-the-counter medications. Because the cream is claimed to have therapeutic effects on a condition such as psoriasis, which is recognized as a medical condition, the FDA would be responsible for evaluating the safety and efficacy of the product. If the company fails to provide adequate evidence supporting its claims, the FDA can take action against the company for marketing a product that may not be safe or effective.

On the other hand, the FTC (Federal Trade Commission) regulates advertising practices to prevent misleading or deceptive claims about products. Since the company's assertion aligns closely with health claims, the FTC would also have the authority to challenge these assertions if they find that the marketing strategies are misleading consumers.

The intersection of both agencies’ jurisdictions means that they could both be involved in addressing any false claims made by the cosmetic company regarding the effectiveness of its product for treating psoriatic lesions. Hence, the correct response reflects the roles both the FDA and FTC play in regulating marketing and claims associated with products impacting public health.

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