Blog Posts Tagged with Health Claims

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FTC takes on unproven health claims and “own-dorsements”

It’s a disturbing trend. Companies are targeting older consumers, claiming to have easy answers for serious diseases for which there may not be a proven cure. That’s one allegation in the FTC’s action against Nevada-based telemarketer Health Center, Inc.  Another count challenges what we call “own-dorsements.”

FTC, FDA warn companies making Coronavirus claims

When public health concerns hit the headlines, some companies rush to the market with products advertised to prevent or treat the problem. We’re seeing the same thing with the Coronavirus. But do those businesses have proof for their advertising claims, as the FTC requires? And have their products been approved, cleared, or authorized by the FDA? The FTC and FDA just sent warning letters to seven companies raising concerns about their Coronavirus-related products.

FTC’s Teami case: Spilling the tea about influencers and advertisers

The “what” of the FTC’s settlement with Teami, LLC, shouldn’t come as a surprise. The complaint alleges the defendants took in more than $15 million by deceptively claiming their array of teas could cause rapid and substantial weight loss, “fight against cancerous cells,” decrease migraines, unclog arteries, and prevent colds and flu. What’s different is the “how.” The defendants advertised primarily through a massive social media campaign.

FTC challenges claims for Quell pain relief device

Real estate professionals say it’s all about “location, location, location.” For health-related claims, the FTC says it’s all about “substantiation, substantiation, substantiation.” Marketers of an electric device called Quell claimed their product could treat chronic and severe pain throughout the body caused by conditions as diverse as arthritis, nerve damage, sciatica, shingles, and fibromyalgia. And they said all that could be accomplished by placing their product on one single location below the knee.

FTC consumer protection year in review offers 2020 vision for your business

They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield.

You had me at aloe? FTC challenges disease treatment claims for aloe and cranberry products

Aloe and cranberry: a useful plant and a nutritious fruit. But are they clinically proven alone or in combination to treat diabetes, ulcerative colitis, high cholesterol, and a list of other serious medical conditions that afflict Boomer Consumers? According to the FTC, those are just some of the deceptive claims that Florida-based NatureCity, LLC, made for TrueAloe capsules and AloeCran powdered drink mix.

Making CBD health claims? Careful Before Disseminating

Companies and consumers are talking in a different way these days about cannabidiol (CBD), a chemical compound derived from the cannabis plant. But even as the conversation changes, one thing remains the same. Before making claims about purported health effects of CBD products, advertisers need sound science to support their statements.

Bogus celebrity testimonials and phony formats: DON’TS for advertisers and affiliates

“Viagra for the brain.” It’s a slogan designed to attract the attention of consumers concerned about cognition. Then there was a massive online ad campaign of “news” websites featuring supposed testimonials from people like Bill Gates and the now-late Dr. Stephen Hawking. It’s no wonder people forked over millions for supplements that went by names like Geniux, Xcel, EVO, and Ion-Z.

Selling genetic testing kits? Read on.

If you sell genetic testing kits to consumers, you’re probably familiar with the Genetic Information Nondiscrimination Act (GINA), which prohibits discrimination on the basis of genetic information under some circumstances. You’re also familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects health information collected by certain types of entities. Then there are laws enforced by the FDA and the Centers for Disease Control and Prevention that pertain to genetic testing kits.

FTC to advertisers: Bills-for-shills product reviews are a no-go

In explaining FTC cases, we try to give readers a behind-the-scenes perspective and sometimes the most accurate insights are out of the mouths of corporate insiders. In the FTC’s first case challenging fabricated reviews on an independent retail site, consider an email from the CEO of Brooklyn-based Cure Encapsulations about a weight loss pill it was selling.

FTC-FDA warning letters target treatment claims for Alzheimer’s, dementia, and other serious diseases

Alzheimer’s disease poses what experts agree is a looming public health crisis. But it also exacts an incalculable personal toll on people living with the condition and the family and friends who love them. The FTC and the Food and Drug Administration just sent warning letters to three companies advertising that their products can treat diseases like Alzheimer’s. It’s a development that merits industry attention.

Hey Nineteen: Nine FTC developments that could impact your business in 2019

Steely Dan may be one of the best duos of the rock era. (Sorry, Donnie and Marie fans.) Their song “Hey Nineteen” reminds us to mention some FTC consumer protection developments that could be of interest to your company or clients in 2019. As “Any Major Dude Will Tell You,” when you’re “Reelin’ in the Years” – or at least recapping the past one – consider this non-exhaustive and in-no-particular-order case compilation.

Endorsement enforcement: Deceptive diabetes claims challenged

Archeologists report that the first mention of diabetes was in a papyrus excavated from an Egyptian tomb. Roll the scroll out a bit and it wouldn’t surprise us to find an ad (in hieroglyphics, of course) for a pill or potion promising a miracle treatment. Questionable diabetes products have been around for centuries and the latest one to attract law enforcement attention is a dietary supplement called Nobetes.

Stemming unproven stem cell therapy claims

Old West nostrum sellers used to market treatments for a broad range of diseases with the slogan “Good for what ails ya.” California-based Regenerative Medical Group used a current buzzword in science – stem cell therapy – to peddle what they claimed were treatments for conditions as varied as cerebral palsy and autism to Parkinson’s disease, stroke, and macular degeneration.

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