Tag: Health Claims

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Everyone harbors a dark secret – a forbidden mystery concealed behind closed doors. Three cases just filed by the FTC pull back the curtain on one of those taboos: The efforts people make to hide the fact they’re going gray.
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...
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...
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...
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 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...
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...
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...
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...
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...
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...
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...
“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...
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...
It’s called ROSCA – the Restore Online Shoppers’ Confidence Act – and it prohibits marketers from charging consumers for an online transaction unless the marketer has clearly disclosed all material terms of the deal and received the consumer’s express informed consent. Your e-commerce...
We can’t vouch for the accuracy of Shakira’s representation that “Hips Don’t Lie.” But the FTC says anti-cellulite and slimming claims for caffeine-embedded underwear sold by lingerie company Wacoal and catalog retailer Norm Thompson were deceptive. As for Norm Thompson's statement...
Some things you can do in 3 minutes: Drink a glass of water. Send a short email. Feed the dog. According to ICON Health and Fitness, in just 3 short minutes a day, consumers could drop pounds, inches, and clothing sizes by using its Pro-Form ab GLIDER line of exercise equipment...
Companies that sign settlements with the FTC need to know that those documents contain consumer protection provisions enforceable in court.  That’s the message of a motion for contempt just filed against Bayer Corporation by the Department of Justice and the U.S. Attorney’s Office for...
“Get High School Skinny!”  That was one pitch Georgia-based HealthyLife Sciences made for its Healthe Trim line of diet products.  The company’s radio ads, TV commercials, and website promised it all.  Just a couple of capsules in the morning would burn fat, boost metabolism, and...
Just as Helen of Troy has gone down in history as The Face that Launched a Thousand Ships, a seriously flawed study purporting to show that green coffee bean extract is scientifically proven to cause weight loss may be remembered as The Fake that Launched a Thousand Slips.  An FTC...

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