Tag: Health Claims

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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...
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,...
“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...
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...
Today, we’re turning the table on some healthcare professionals. Don’t worry. We’re not asking an anesthesiologist to count back from ten, or even telling an ENT to say “ah.” We’re offering an eye exam for eye doctors:
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...
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...
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...
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...
2015 saw the end of The Late Show with David Letterman, but his Top 10 List legacy lives on. From the home office in Washington, D.C., here is our informal take on ten topics we covered this year in the BCP Business Blog.
The marketers of products as diverse as dietary supplements, mobile apps, cosmetics, and apparel may not think they have much in common. But if they make health-related representations, they all need sound science to support what they say. Here are five principles to help keep your...
On the Periodic Table of Elements, copper is designated as CU. The FTC’s lawsuit against Tommie Copper, Inc., the seller of copper-infused compression wear, suggests it may be time to conduct a periodic check of the elements in your ads to C that U have proof to back up your 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 “...
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...
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...
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...
When the conversation turns to health, the word “homeopathy” often pops up. But what is homeopathy? What does the consumer marketplace look like? And how does the FTC’s long-standing substantiation doctrine apply to claims for OTC products advertised as homeopathic? That's the topic...
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...
Baby boomers are running scared and marketers are in hot pursuit.
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...

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