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.
Blog Posts Tagged with Health 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.
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.
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.
FTC staff just sent letters to 45 more companies making COVID-19 prevention, treatment, or cure claims. There’s a lot to cover in this post, but it’s indicative of the breadth of questionable representations conveyed to consumers in response to the coronavirus pandemic.
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.
The FTC is not the pen pal you want if you operate a multi-level marketing company but aren’t closely monitoring your distributors.
FTC staff just sent 21 more warning letters to companies that have used allegedly unsubstantiated coronavirus prevention and treatment claims to promote products and services. Many of the latest letters focus on questionable representations for high doses of vitamins, intravenous treatments, ozone, and purported stem cell therapies.
For decades the FTC has been warning people about online ports, portals, and pop-ups that can be conduits for questionable claims. But companies shouldn’t think we’ve taken our eye off another potential doorway for deception: direct mail. According to an FTC lawsuit, a group of seven U.S.
“Oh, my achin’ . . . .” It’s a common refrain for many older Americans and others who experience chronic pain. Some businesses respond with ads heavy on puffed-up promises, but light on the scientific evidence necessary to support serious health claims. That’s the FTC’s allegation against a company that sold a pill called Isoprex. The complaint also challenges the undisclosed use of compensated friends and family as purported consumer endorsers.
It’s FTC Advertising 101: Don’t make claims about serious medical conditions unless you have solid proof in hand to substantiate what you say. It’s been the law for decades and now more than ever, it’s essential for advertisers to honor that fundamental principle. And yet companies continue to market everything from facial brushes to IV drips with promises to prevent, treat, or cure Coronavirus – claims the FTC calls into question in a new round of warning letters.
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.”
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.
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.
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.
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.
The sellers of Synovia claimed their dietary supplement “paves the pot holes” in joints damaged by arthritis. But an FTC lawsuit alleges the primary pot holes were in the company’s purported proof, which left consumers streamrollered by false and deceptive advertising claims.
In tribute to the baseball season that’s just ended, we’ll start this blog post about an alleged pyramid scheme and supposed miraculous dietary supplements with the words of the great Yogi Berra: “It's like déjà vu all over again.”
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.
You’ve probably seen them on TV: announcements with prominent warnings about FDA actions involving certain prescription drugs or medical devices. But they aren’t official health and safety recalls or alerts from the Food and Drug Administration. They’re something else – and FTC staff has sent letters to some of the people involved.