The problem here is the FTC trying to regulate a nascent industry by fiat. The startup is caught up in the silliness of trying to define competition in an area

The problem here is the FTC trying to regulate a nascent industry by fiat. The startup is caught up in the silliness of trying to define competition in an area of trade that doesn’t really exist yet. Exactly when the FTC should go find something better to do, like health claims in supplements.