The Federal Trade Commission has given final approval to a consent agreement with Ruta Lee and her production company, Live-Lee Productions, Inc, settling charges that advertising claims she made for three vitamin sprays and a stop-smoking spray were unsubstantiated. Lee made the claims on television's Home Shopping Club, commercial programming carried on the Home Shopping Network's broadcast and cable channels. The Commission's action makes the consent order provisions binding on the respondents.
Under the final order, Lee and Live-Lee Productions would be required to possess and rely upon competent and reliable scientific evidence when making any claim that a food, dietary supplement or drug would have any effect on the user's health, or on the structure or function of the body, or when making any claim of performance, benefit, efficacy or safety of any smoking cessation product, service or program.
The consent agreement was announced for a public comment period on June 15. The Commission vote to issue it in final form occurred on Oct. 10, and was 5-0.
NOTE: A consent agreement is for settlement purposes only and does not constitute admission of a law violation. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $10,000.
A news release summarizing the complaint and consent agreement was issued at the time the Commission accepted the consent agreement for public comment. Copies of that release and of the complaint and final order are available from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY for the hearing impaired 1-866-653-4261. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710. FTC news releases and other materials also are available on the Internet at the FTC's World Wide Web Site at: http://www.ftc.gov.
(FTC File No. 942 3058)
(Docket No. C-3620)