Blog Posts Tagged with Health Claims

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First FTC case filed under new COVID-19 Consumer Protection Act

Congress passed a law in December 2020 – the COVID-19 Consumer Protection Act – that imposes monetary penalties on violators. The Department of Justice and the FTC just brought their first action under the statute, alleging that a Missouri chiropractor and his company violated both the new law and the FTC Act by deceptively marketing vitamin D and zinc products to treat or prevent COVID-19.

A look back at post hoc analysis

People who claim that hindsight is 20/20 probably weren’t talking about the post hoc evaluation of clinical testing. That’s an alleged flaw the FTC challenged in purported substantiation submitted by the marketers of Hepaxa and Hepaxa PD, fish oil products advertised as clinically proven to treat liver disease in adults and children. In addition to injunctive provisions, the proposed settlement includes a financial remedy of $416,914.

Health app broke its privacy promises by disclosing intimate details about users

Flo Health pitched its Flo Period & Ovulation Tracker as a way for millions of women to “take full control of [their] health.” But according to the FTC, despite express privacy claims, the company took control of users’ sensitive fertility data and shared it with third parties – a broken promise that left consumers feeling “outraged,” “victimized,” and “violated.” Read on for details, including a notable feature in the proposed settlement.

One thing marketers of CBD products need to know right now

“It’s the Wild West out there!” How often have you heard that statement made about health claims for products containing CBD? But here’s the thing: It’s not the Wild West. In fact, health-related representations for CBD products are subject to the same established requirements of scientific substantiation the FTC has applied for decades to any advertised health claim.

20 more marketers making COVID claims receive FTC warning letters

The FTC continues to monitor the marketplace to protect consumers from allegedly unsubstantiated COVID-19 claims. What are we seeing? Whether they’re selling tablets, treatments, or trinkets, companies are still making questionable representations about their products or services. The following 20 businesses are the latest to receive warning letters from the FTC about unsupported prevention or treatment claims, bringing the total to more than 330.

20 more warning letters tell companies to cut out unproven COVID-19 claims

Coronavirus claims for zappers, virus-busting cards, sage, oregano, and bay leaves are among the representations called into question in the latest round of warning letters sent by FTC staff. With the total closing in on 300, the letters make it clear that companies need to clean up their claims about preventing or curing COVID-19. Here are the products and promises that have raised the most recent concerns.

FTC to advertiser: Where’s your proof for COVID-19, cancer, and Parkinson’s Disease “treatment” claims?

Golden Sunrise Nutraceutical and related company Golden Sunrise Pharmaceutical sell “plans of care” – regimens of health-related products – advertised to treat COVID-19 and other serious medical conditions. The FTC has gone to court in an effort to see the sun set on what it alleges are Golden Sunrise’s deceptive claims.

Contact lens prescription renewals: Prescribers still need to release that Rx

Your patient calls you panicked because she’s on her last pair of contact lenses. Perhaps due to COVID-19, she isn’t able to (or doesn’t want to) come into the office. You may determine, in your medical judgment, that it’s appropriate to renew or extend that prescription. How do the Contact Lens Consumer Act and the Contact Lens Rule apply to that interaction?

Lights out on unsubstantiated pain relief claims and deceptive native advertising

For consumers struggling with severe or chronic pain, ads for a product called Willow Curve appeared to offer light at the end of the tunnel. But the FTC alleges the marketers made false and unsubstantiated claims for the product, a device that applied low-level light and mild heat to the site of pain – and set people back between $599 and $799 in the process. The proposed settlement also sheds light on the FTC’s ongoing concern with deceptive native advertising.

New FTC COVID-19 warning letters take total to 250

Saunas, IV vitamins, pulsed electromagnetic field (PEMF) devices, and licorice – yes, licorice – are among the subjects of the latest round of FTC staff warning letters sent to 30 companies promoting their products and services with COVID-19 prevention or treatment claims. Who got the latest letters and what representations raised concerns?

FTC again warns multi-level marketers about unproven health and earnings claims

Dear Multi-Level Marketer. Stop it. Stop all promotions that push your products by claiming they prevent or treat COVID-19. Stop all misleading or unsubstantiated promotions that push your business opportunity by claiming people can earn substantial income peddling your products. The claims are unproven and deceptive. Whether you or your distributors are making them, you’re responsible. That means you could be breaking the law.

The letters of the law: 35 more companies warned about questionable COVID claims

FTC staff sent the latest round of warning letters to 35 businesses alleged to have made unsubstantiated coronavirus prevention or treatment claims. What they sold diverges widely – IV vitamin treatments, products containing silver, patches purporting to block electromagnetic radiation, etc.

50 more FTC warning letters say “Enough!” to questionable coronavirus claims

Elderberry, hydrogen peroxide, iodine, mushrooms, and horse milk. (Horse milk?) The FTC just sent 50 more warning letters to companies promoting products or services advertised to prevent or treat coronavirus. Here’s the latest list of who’s been warned, what they’re selling, and some of what they’re saying.

Fighting Coronavirus scams: Taking stock

Since the beginning of the COVID-19 crisis, the FTC has released dozens of warning letters against people trying to make an illegal buck off the Coronavirus. More than a month in, it seems like a good time to look back at what’s happened. If you follow this blog, you’ll know these have been busy weeks – with advice about spotting the many scams we’re all facing, news of the warning letters sent on a wide range of scams, and some enforcement actions filed.

What’s at the intersection of COVID-19, cancer claims, and CBD? This FTC case

It’s a case that brings together eight capital letters that are making headlines: COVID and CBD. A California marketer of a product advertised to prevent or treat COVID-19 has agreed to a preliminary order that prohibits him from making those claims. Pending the resolution of a parallel FTC administrative action, the proposed order also bars the defendant from representing that three CBD-based products he sells are effective cancer treatments.

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