Blog Posts Tagged with Health Claims

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Gagging rights? FTC case challenges diet claims and company’s use of consumer gag clauses

The FTC has gone to court hundreds of times to stop allegedly misleading weight loss claims and Roca Labs’ “gastric bypass alternative” promises are no exception. But other parts of the complaint – including a count challenging the defendants’ use of consumer gag clauses as an unfair practice – warrant a careful reading.

No runs, no hits, three errors

Baseball lore has it that Hall of Famer Ted Williams’ eyesight was so acute he could see the seams on a fastball. Developers of an app called Ultimeyes claimed that using their product “gives baseball players superhuman vision.” For some of us though, a daily task like reading a menu in a dimly lit restaurant is a swing and a miss. No problem, said the company. “25 minutes on this app will improve your vision by 31%” – results supposedly verified by a published university study.

Trip the light? Fantastic.

It doesn’t take much to convince us we need something new for the shoe closet – and our vintage high-tops and periwinkle platforms stand as a silent testament to that. But an ultraviolet light contraption advertised to kill germs, fungus, and bacteria, including MRSA, inside shoes? An FTC settlement with the marketers of shUVee gives the boot to those misleading claims.

Homing in on homeopathy

Homeopathy has been around for centuries. But what was once a niche product formulated for an individual user has grown into a multibillion-dollar over-the-counter marketplace. Just what is homeopathy? How are homeopathic products advertised? And how does the FTC Act apply to ad claims? Those are a few of the topics on the table at Homeopathic Medicine & Advertising: An FTC Workshop, scheduled for September 21, 2015.

“Middle” management? FTC challenges menopausal weight loss claims

In her blog, a registered nurse offered candid opinions about a broad range of topics, including parenthood, men with comb-overs, and the challenges of menopausal weight gain. There wasn’t much she could do about the comb-over issue, but she claimed to have found a solution to those extra pounds: a dietary supplement called Amberen.

Double spammy

By now, it shouldn’t be news. Using illegal spam and bogus news sites to convey false claims for diet products is bound to attract FTC attention. Oh, and did we mention the phony representation that the products were endorsed by Oprah and the people on the TV show "The Doctors"?

Affiliation explication

If you’re active in affiliate marketing, a summary judgment ruling by a United States District Court offers additional support for the conclusion that “Who, me?” isn’t likely to be a persuasive defense to allegations of deception. As a result of the holding, affiliate marketing network LeadClick Media and its parent company, CoreLogic, have to turn over a total of $11.9 million in ill-gotten gains.

Scientific substantiation: Take the right “app”roach

According to the National Cancer Institute, melanoma of the skin is the most deadly form of skin cancer. Many people want to keep an eye out for possible symptoms and take action fast, if necessary. So, could you make an app for that? Hmm, as “app”ealing as it sounds, hold the phone.

POM v. FTC: A dozen quotable quotes from the D.C. Circuit opinion

POM Wonderful’s advertising claims were false and deceptive. That’s the conclusion of the United States Court of Appeals in upholding the FTC’s ruling. We think it’s a momentous victory for our two clients: American consumers and the cause of truth in the marketplace. You’ll want to read the entire opinion, of course, but here are twelve quotes from the D.C.

Spilling the beans: The anatomy of a diet craze

Some people call it the “Oz Effect” – the bump in consumer demand after a product or ingredient is featured on the The Dr. Oz Show. In a just-announced settlement, the FTC says defendants Lindsey Duncan, Pure Health LLC, and Genesis Today, Inc., took advantage of that phenomenon by deceptively touting the purported weight loss benefits of green coffee bean extract.

A videogame scientifically proven to boost kids’ school performance - and other fairy tales

A chocolate cake that causes weight loss? A recliner that tones your abs while you watch TV? They’re in our pantheon of products we’d buy in a second. Here’s something to add to that list: a videogame scientifically proven to help kids focus, enhance memory, boost attention, and improve behavior and school performance. That’s what Focus Education promised in infomercials and other ads for its ifocus System Jungle Rangers videogame.

When silence isn't golden

Silence may be golden, but not for the parents of kids with speech disorders. Illinois-based NourishLife marketed two dietary supplements, Speak and Speak Smooth, advertised as the answer for kids with a broad range of speech disorders, including those associated with autism. But the FTC says the company’s claims were long on talk and short on scientific substantiation.

Slim down like a lobster? (Yes, you read that right.)

If you've been waiting for a substantive legal discussion that works in a reference to the B-52s’ surreal 1980 hit “Rock Lobster,” today’s your lucky day. The FTC announced a settlement with DERMAdoctor, Inc., and owner Audrey Kunin, M.D., for false and deceptive claims for Photodynamic Therapy anti-aging lotions and a body slimming lotion called Shrinking Beauty, advertised to “simulate a lobster’s ability to shrink its body.” (See? We weren’t kidding.)

Warts and all

On the “Evaluate your options carefully before trying this at home” list, how about adding the do-it-yourself removal of moles, skin tags, and warts, including genital warts. That's one message to take from a just-announced FTC settlement, but the case also offers insights for companies that feature consumer endorsements in their ads or use affiliate marketing programs.

Message of the HCG Platinum case: Test your mettle before making weight loss claims

It’s called human chorionic gonadotropin and it’s a hormone produced by the human placenta – which explains why marketers call it HCG when advertising it for weight loss. The FTC just settled a second case against a company that pitched homeopathic HCG drops as an easy way to drop the pounds.

FTC Milestones: Weighing in on weight loss cases

“No need to be fat. No need to diet or go through unpleasant exercise.”
“Your thin friends can tell you the right way to fight fat.”

“Men avoided me. I was too fat.”

Sounds like a lot of the bogus diet promotions the FTC has gone to court to shut down.  But there are two things different about this false advertising case.

First, it went to the Supreme Court.  And second, the year was 1931.

FTC challenges Gerber baby formula claims in court

Parents want to make the best choices for their babies’ health. But between diaper changes and 2 AM feedings, they aren’t in a position to spend much time surveying the scientific literature for ways to reduce the chance their kid will develop the allergies they suffer from. So when Gerber (also doing business as Nestle Nutrition) advertised Good Start Gentle baby formula as a way to “reduce the risk of developing allergies” – and featured a gold seal on products suggesting FDA approval – it’s understandable that parents would take note.

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