FOR IMMEDIATE RELEASE: January 26, 1990
FTC CHARGES NATURE'S WAY PRODUCTS' ADS FOR "CANTROL"
WERE FALSE AND UNSUBSTANTIATED; COMPANY TO PAY
$30,000 FOR MEDICAL RESEARCH, UNDER CONSENT AGREEMENT
The Federal Trade Commission has charged Nature's Way Products
with making unsubstantiated claims in advertising that "Cantrol"
capsules fight yeast infections. Under a consent agreement
announced today for public comment, the company agreed not to make
unsubstantiated claims about certain nutritional supplements in the
future and also agreed to pay $30,000 to the National Institutes
of Health to support research in candidiasis or the effects of
yeast on health.
The complaint charges that the company advertised Cantrol with
a 14-question, diagnostic "yeast test," with such questions as "Do
you feel tired most of the time?" and "Do you suffer from swing
moods or depression?" The ad claimed that "If you answered 6 or
more questions with a 'yes,' the probability is high to very high
that you, like so many others, have a yeast infection." These ads
were carried in national magazines such as American Health, Shape,
and Let's Live.
The ads claimed that yeast (candida albicans) "can sometimes
grow rapidly due to a variety of conditions," but that "Cantrol's
high potency formula helps keep yeast colonies from overpopulating
in the intestines where they grow."
The complaint charges that the "yeast test" does not demon-
strate that a person is likely to have a yeast infection. It also
charges that Nature's Way did not have a reasonable basis for its
claim that consumption of Cantrol controls adverse effects on
health commonly caused by excessive levels of yeast in the intes-
tines and controls vaginal yeast infections.
Under the consent agreement, Nature's Way agreed not to
misrepresent, in advertising for any food supplements, any self-
diagnostic test concerning yeast conditions. In addition, the
company must not make any representation concerning any food
supplement's ability to control yeast conditions, unless it can
substantiate the claim. It also agreed not to represent that
Cantrol or any other food supplement containing certain ingredients
can cure, treat, prevent, or reduce the risk of developing any
disease, unless the company can substantiate the representation.
Those ingredients are acidophilus, Evening Primrose Oil (EPO), Pau
D'Arco, linseed oil, caprylic acid and vitamin E.
In lieu of redress, Nature's Way agreed to pay $30,000 to the
National Institutes of Health, to fund research into yeast condi-
tions.
The complaint and agreement name Nature's Way Products Inc.,
its management company Murdock International Corp., and Kenneth
Murdock, the president of both companies. They are all based in
Springville, Utah.
The Commission vote to accept the consent agreement for public
comment was 4-1, with Commissioner Andrew J. Strenio, Jr., dissent-
ing. In a separate statement, Strenio said that, "Since the prima
facie case is so strong and involves public health considerations,
the Commission should not settle for so little." He said that he
felt the injunctive relief requiring substantiation for any disease
prevention claims should cover all dietary, food, or nutritional
supplements rather than be limited to the ingredients found in
Cantrol. He also indicated that the $30,000 payment to NIH was too
low, saying "consumer spending for Cantrol purchases during the
time in question was roughly $6,000,000. Thus, although the
$30,000 figure might have been tolerable if taken together with
sweetened injunctive relief, the public ought not be forced to
swallow it here."
The consent agreement will appear in the Federal Register and
be subject to public comment for 60 days, after which the
Commission will decide whether to make it final.
Comments should be addressed to the Office of the Secretary,
FTC, 6th St. and Pennsylvania Ave. N.W., Washington, D.C. 20580.
A consent agreement is for settlement purposes only and does
not constitute admission of a law violation. When the Commission
issues a consent order on a final basis, it carries the force of
law with respect to future actions. Each violation of such an
order may result in a civil penalty of up to $10,000.
Copies of the agreement, the complaint, and an analysis of
the agreement are available from the FTC's Public Reference Branch,
Room 130, 6th St. and Pennsylvania Ave. N.W., Washington, D.C.
20580; 202-326-2222; TTY 1-866-653-4261.
# # #
MEDIA CONTACT: Susan Ticknor, Office of Public Affairs,
202-326-2181
STAFF CONTACT: Robert C. Cheek, Bureau of Consumer Protection,
202-326-3045
(File No. 862 3073)
(Cantrol)