Blog Posts Tagged with Health Claims

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Network news

Through a series of recent law enforcement actions, the FTC has articulated what should be apparent:  that truth-in-advertising principles apply to affiliate marketers and to the companies that use them to promote their products.  A settlement announced today by the FTC makes a similarly obvious point: The law applies to affiliate marketing networks, too.

Faking news

Six online marketers have settled FTC charges stemming from their use of fake news websites to market acai berry supplements and other weight loss products. If you’re an affiliate marketer or you’re thinking about building an affiliate program into your business plan, the cases merit your attention.

Dollars to donuts

When consumers comparison shop, cost is crucial.  That’s why it’s so important for companies to make sure what they say about their prices is accurate.  If businesses need a timely reminder, the FTC’s proposed $5 million settlement with CVS Caremark drives that point home.

FTC v. Kevin Trudeau: The Seventh Circuit Rules

As anyone who’s watched TV in the past decade knows, Kevin Trudeau is — to use the term coined by the United States Court of Appeals for the Seventh Circuit — an “infomercialist.” The Seventh Circuit’s recent opinion in FTC v. Trudeau offers interesting insights into order enforcement and upholds a multimillion dollar judgment for consumers.

Cite for sore eyes

Visiting the BCP Business Center for the latest dos ‘n’ don’ts about making those peepers of yours positively pop? We didn’t think so. But there’s a makeover lesson nonetheless in three FTC law enforcement settlements with online retailers who sold “circle contacts” without a prescription, in violation of the Contact Lens Rule.

Is it insurance? Putting a premium on truth

If you’re one of the millions of Americans who’s self-employed, healthcare costs remain a concern.  So a phone call pitching what sounds like comprehensive health insurance coverage might attract your interest.  Except that according to the FTC and the Tennessee Attorney General, what United States Benefits LLC was selling wasn’t really health insurance.

Quoth the Maven

In celebration of Halloween — and with apologies to Edgar Allen Poe — here’s our take on what companies can do to make sure spooky business practices don’t come back to haunt them.




Once upon a midnight lawful
Pondering practices, good and awful,
Reading through the U.S. Code
For dos and don’ts I parse and claw.

I came upon the Trade Commission’s
Section 5 with all revisions.

Remembering Virginia Knauer

Next time you’re at the grocery store and flip around a package to check out the ingredients or calorie count, take the opportunity to remember the contribution of Virginia Knauer, who served Presidents Nixon, Ford, and Reagan in high-level consumer affairs positions.

Ms. Knauer held some pretty daring opinions in her day.  At a time when sellers of dog food — but not people food — had to disclose what was inside the package, she advocated for detailed product labeling.

The Reebok settlement: What the FTC order means for advertisers and retailers

The FTC’s settlement with Reebok requires the company to get their ad claims in shape and works out a $25 million refund program for people who bought EasyTone and RunTone shoes and apparel. Of course, the terms of the lawsuit apply only to Reebok, but experienced advertisers understand the benefits of mining FTC orders for compliance nuggets applicable to their business.

Truth in app-vertising

Here’s how AcneApp and Acne Pwner were supposed to work.  Buyers downloaded the apps from their favorite app store.  After selecting a light — blue to fight bacteria or red to heal, some ads said — they rested their smartphone against their skin.

Second Circuit unpacks law of financial remedies

According to the ads, if you “carry on with your normal lifestyle” while wearing the Bio-Slim Patch, “repulsive, excess ugly fatty tissue will disappear at a spectacular rate.” (And by you, we don’t mean you, of course.)  Promotions for Chinese Diet Tea promised similar miracles: “eliminates an amazing 91% of absorbed sugars,” “prevents 83% of fat absorption,” and “doubles your metabolic rate to burn calories faster.”

Closed encounters of the third kind

Savvy executives like to stay in the loop on FTC activities that could affect their industry.   They make it a habit to scan the headlines or check for relevant workshops or reports.  But there’s a third category of information a bit less understood: closing letters from BCP staff.

In the spirit of transparency, the agency posts them online.  Here in the BCP Business Center, recent letters appear in the Compliance Documents section of each topic area.

Thigh maintenance

A skin cream that can reduce body size.  Are historians sure that wasn’t what Ponce de Leon was seeking?  It’s certainly what buyers are looking for, if ads are any indication.  But claims like that have to be backed up by solid science, as is clear from the FTC’s $900,000 settlement with Beiersdorf, Inc., marketer of Nivea My Silhouette!  (Yes, the exclamation point is on the package.)

What's on the table

The preliminary voluntary principles proposed in April by the Interagency Working Group on Food Marketed to Children have got people talking about kids, advertising, and nutrition. Congress — in a bipartisan effort led by former Senator Sam Brownback and Senator Tom Harkin — directed the FTC, the Food and Drug Administration, the Centers for Disease Control, and the U.S. Department of Agriculture, to develop recommendations for the nutritional quality of food marketed to kids, ages 2 to 17.

Marketing food to kids: Continuing the conversation

By now, you’ve had a chance to read the proposed voluntary principles published on April 28, 2011, by the Interagency Working Group on Food Marketed to Children.  Made up of representatives from the FTC, FDA, USDA, and CDC, the group issued a draft calling on the food industry voluntarily to step up its efforts to improve the nutritional quality of foods they market directly to kids ages 2 to 17.  The proposal — which isn’t a regulation — suggests ways to strengthen the voluntary efforts that are already underway.

Food for thought

When browsing for a riveting read at the local bookstore, you might pick up a John Grisham or dive into a Stieg Larsson.  Unlike those best sellers, one author’s name that might not jump off the jacket is “Interagency Working Group.”  But in the case of the Interagency Working Group on Food Marketed to Children’s hot-off-the-presses Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts (try tweeting that) you really can’t judge a book by its cover.

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