Blog Posts Tagged with Health Claims

Pages

Mars Petcare in the doghouse for deceptive claims about Eukanuba

“It’s a dog’s life,” they say – and according to Mars Petcare, its Eukanuba brand of dog food could extend dogs’ lives by 30%. But the FTC alleges that Mars made misleading representations about the products’ life-extending benefits and falsely claimed that scientific tests supported what the company said.

Sun sets on Sunrise Nutraceuticals’ unproven claims to beat opiate addiction

For people struggling with opiate addiction – and the family and friends who love them – the claim that Elimidrol would let them “permanently overcome withdrawal – the first time” sounded like the miracle they’d been hoping for. But according to a lawsuit filed by FTC, it was just another broken promise.

One truth to take from the Trudeau story

Recently, the FTC sent hundreds of thousands of refund checks to people who bought the book The Weight Loss Cure “They” Don’t Want You to Know About by pitchman Kevin Trudeau. Court decisions have established there wasn’t much truth in Mr. Trudeau’s advertising claims, but the story behind the law enforcement actions underscores one fundamental truth: the FTC’s commitment to effective order enforcement.

Doctor who?

Short of jumping into the Tardis to consult with intergalactic medical experts, how can consumers separate the hope from the hype when evaluating claims for health products? That’s where SmartClick Media’s “Doctor Trusted” website certification program claimed to help. But an FTC lawsuit alleges that the “Doctor Trusted” seal and the “Doctor Trusted.org Consumer Protection Certificate” weren’t to be trusted.

Cognition omission: FTC says LearningRx claims not supported by sound science

What’s on consumers’ minds is what’s between their ears. A proposed settlement with LearningRx, a Colorado-based franchisor with more than 80 “brain training” centers across the country, and CEO Ken Gibson is the latest in a growing line of FTC cases challenging false and deceptive claims about improved cognition.

The clear picture on complying with the FTC’s Eyeglass Rule

Seeing is believing. And last week, the FTC reminded eye doctors – in writing – about their legal responsibilities under the agency’s Eyeglass Rule. The rule requires you to provide a copy of the prescription to the patient at the end of the eye exam, even if the patient doesn’t request it. You  should also not ask patients if they want their prescription. The prescription should be given to them automatically.

Supreme Court denies POM’s request to review ruling that ads were deceptive

Marketers have been watching the FTC’s challenge to POM Wonderful’s ad claims with interest. Last year, the United States Court of Appeals for the D.C. Circuit ruled that the company deceptively advertised that the products could treat, prevent, or reduce the risk of heart disease, prostate cancer, and erectile dysfunction. The D.C. Circuit also upheld the Commission’s finding that POM falsely claimed to have clinical proof to support those representations.

Deceptive “safe” indoor tanning claims burn consumers

“Slash your risk of cancer” – by using a tanning bed? That claim caught our attention, too. A settlement with Dr. Joseph Mercola and two Illinois-based companies includes $5.3 million in refunds for people who bought Mercola’s indoor tanning systems. The case also offers a reminder to advertisers to consider established science in crafting your ad claims and a compliance message if your marketing materials feature endorsements.

Are your “all natural” claims all accurate?

If companies market their products as “all natural” or “100% natural,” consumers have a right to take them at their word. That’s the message of four proposed FTC settlements and one just-issued administrative complaint challenging the allegedly deceptive use of those phrases in ads for skincare products, shampoos and styling products, and sunscreens.

Developing a health app? Book an appointment with two new compliance resources

If you’re in the process of developing a health-related mobile app, what tools are essential to your success? The answer, according to some entrepreneurs, is innovative code, a great marketing plan, and the number of a take-out that delivers until 2AM. But have you given much thought to legal compliance? A new multi-agency interactive tool may help you determine which federal laws apply to your product.

Suspension and prevention: The story behind suspended judgments

It’s a phrase you see every now and then in announcements about FTC settlements: “The order includes a $___  judgment, which has been partially suspended based on the defendants’ inability to pay.” What happens if it turns out the defendants weren’t telling the truth about their financial condition? A ruling by a federal judge in Arizona explains the consequences.

The gift that keeps on taking

According to the musical “Grease,” some things go together like “rama lama lama ka dinga da dinga dong.” Some other things go together, too. They’re easier to pronounce, but do much more harm to consumers. What do we have in mind?

Bogus weight loss claims and deceptive “free” trial offers. 

Mind the gap: What Lumosity promised vs. what it could prove

Ads for Lumosity’s “brain training” program made it sound simple. Play games for 10-15 minutes several times a week to delay memory decline; protect against dementia and Alzheimer’s disease; improve school, work, and athletic performance; and reduce the effects of everything from ADHD to post-traumatic stress disorder. But an FTC complaint alleges that defendant Lumos Labs didn’t have sound science to support those claims. What’s the message for marketers?

Law enforcement sweep challenges dietary supplement claims

Opiate addiction is a national epidemic, but the public health crisis is only half the story. It also exacts a devastating toll on opiate-dependent individuals and their families. The FTC just filed a lawsuit against a company that claims its “opiate withdrawal supplement” provides “powerful relief” for people withdrawing from prescription medication and even heroin.

Order compliance: A behind-the-scenes look

If the Commission is to attain the objectives Congress envisioned, it cannot be required to confine its road block to the narrow lane the transgressor has traveled; it must be allowed effectively to close all roads to the prohibited goal, so that its order may not be bypassed with impunity.

That’s from the Supreme Court’s 1952 decision in FTC v. Ruberoid, but it also outlines part of the job description of the Bureau of Consumer Protection’s Enforcement Division. 

Pages