“A guy walks into a bar . . . .” It’s a typical set-up for a stand-up comedian, but we never thought it would be the opener about a proposed FTC settlement involving unproven treatment claims for serious diseases.
Blog Posts Tagged with Health Claims
Mosquitoes don’t just bug us. A big concern is their penchant for passing along pernicious diseases, including the Zika virus. New Jersey-based Aromaflage claimed its sprays and candles were effective at repelling mosquitoes – including ones that spread serious illnesses – and repelled mosquitoes as effectively as 25% DEET. The FTC alleges those representations were false or misleading.
Why are you mumbling?
The TV is not too loud!
What did you say? This restaurant is like Grand Central Station.
Sometimes a picture really is worth a thousand words. According to warning letters from the FDA and FTC, certain sellers of e-liquids – flavorings for e-cigarettes – are using packaging that imitates foods or beverages popular with children. Little kids who ingest what’s inside boxes that appear to be apple juice, cookies, candy, etc., risk acute nicotine toxicity, poisoning that can result in seizure, coma, cardiac and respiratory arrest, and death.
Medical professionals, consumer advocates, industry members, and law enforcers are gathering in Washington right now in anticipation of today’s workshop, The Contact Lens Rule and the Evolving Contact Lens Marketplace. Panelists will scrutinize issues related to competition in the marketplace, consumer access to contact lenses, prescription release and portability, and other topics.
The FTC is eyeing its Contact Lens Rule and has announced the agenda for a March 7, 2018, workshop, The Contact Lens Rule and the Evolving Contact Lens Marketplace.
Who among us wouldn’t want to turn back the hands of time? But don’t try to summon the spirit of Ponce de León just yet. According to the FTC, anti-aging claims for TA-65MD and TA-for 65 Skin lacked scientific substantiation. In addition, the FTC challenged the company’s use of consumer endorsements and alleged that it falsely represented that a paid-for segment touting its products on The Suzanne Show was independent programming.
We haven’t tried bullhorns or signal flares yet, but aside from that, it’s tough to imagine a tactic the FTC hasn’t taken to warn businesses about the risks of involving themselves in deceptive weight loss promotions.
There’s one thing people struggling with opioid addiction need: the facts. And there’s something that can hinder their recovery and perhaps even lead to relapse: unproven treatments promoted with deceptive advertising claims. Partnering with federal health agencies, the FTC has announced efforts related to both issues – and there are steps your business can take to lend a hand.
So you’ve received a Civil Investigative Demand (CID) from the Federal Trade Commission related to a consumer protection matter. Now what? We appreciate that it can be daunting for any company – especially a small business – and we want to be as transparent as possible about the process.
The FTC’s fight against the deceptive marketing of unproven cancer treatments goes back to the early days of the agency, and it’s disappointing that we still need to bring cases of that nature. But you can add the FTC’s settlement with Florida-based CellMark Biopharma and CEO Derek Vest to that list – and the deceptive claims they pitched to people battling cancer are particularly disconcerting.
You’ve seen the sentence in FTC news releases or blog posts: “The order includes a $__ million financial remedy.” So how do provisions like that translate into real help for real consumers? That’s the subject of the FTC Bureau of Consumer Protection’s Office of Claims and Refunds Annual Report.
One Direction had a hit with a song called “18,” but the FTC’s recent law enforcement and policy initiatives suggest that the agency will continue to pursue many directions in its efforts to protect consumers in ‘18. (Sorry. We’re expecting a fresh shipment of pop culture references in January.) In case you missed them – and in no particular order – here are ten FTC consumer protection topics of note from 2017.
Mark March 7, 2018, on your calendar. That’s when the FTC is putting its Contact Lens Rule under the lens at a public workshop in Washington, DC.
The “before” photo showed a silver-haired lady in a wheelchair with a hand on her furrowed brow. “24 hours after” and she’s smiling and knitting on the sofa, thanks to a dietary supplement proven in a 1200-person clinical study to reduce or eliminate the symptoms of joint pain, hypertension, diabetes, and depression. And how’s this for a bonus? Users can “easily lose between 8-13 lbs. per week.”
Like Alanis Morissette’s “rain on your wedding day” or “a free ride when you’ve already paid,” the FTC’s lawsuit against Florida’s NextGen Nutritionals, LLC, Anna McLean, Robert McLean, and related companies – in addition to challenging a number of claims as false or deceptive – includes three allegations that could be characterized as ironic.
Online news reports appeared to feature the miraculous results celebrities like Will Ferrell and Paula Deen achieved from muscle-building supplements, weight loss products, and other merchandise. But according to the FTC, those “news reports” were deceptively formatted ads and the claims about “miraculous” results were false or misleading. And those weren’t the only secrets hidden within the promotions.
According to the “Mad Men” stereotype, you could spot an old-school advertising agency executive by the tailored wardrobe and expense account lunch. A lot has changed in the ad game, but two truths remain: 1) More than 50 years of FTC cases establish that ad agencies may be liable for their role in deceptive campaigns; and 2) Companies that may not describe themselves as “ad agencies” may still be held responsible for illegal acts or practices. In other words, the FTC looks to the facts, not the grey flannel suit.
If marketing claims are any indication, “green” paint is popular with consumers, but not just in the sense of emerald, mint, or avocado. Companies are advertising that their paints are emission-free, VOC-free, and without chemicals that could harm consumers, including pregnant women, babies, and people with asthma. Some brands even feature seals and certifications touting purported environmental benefits.
Is there a family or a workplace that hasn’t been touched in some way by the public health crisis of opiate addiction? It’s no wonder that advertisers are offering purported treatments. But an FTC settlement with a Texas-based business stands for the fundamental principle that companies’ health claims need the support of sound science.