Tag: Health Claims

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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...
For some athletes and fans, September is the equivalent of the start of the sports “new year.” From the FTC’s perspective, it’s a good time to remind retailers that they need appropriate proof to support concussion protection claims for athletic mouthguards. That’s why FTC staff has...
"A-B-C. Always be closing.""As you all know, first prize is a Cadillac El Dorado. Second prize is a set of steak knives. Third prize is you're fired.""These are the new leads. The Glengarry leads. To you, they're gold. But you don't get them. Why? Because they're for closers...
In the movie The Matrix, Morpheus offers Neo two capsules: “You take the blue pill and the story ends. You wake up in your bed and believe whatever you want to believe. You take the red pill and you stay in Wonderland, and I show you how deep the rabbit hole goes.
There are certain questions we ask ourselves when investigating companies’ health claims. Did they have appropriate substantiation? Did they tell the truth when they said their claims were supported by scientific studies? Did they clearly disclose that product endorsers were getting a...
When ads for beauty products convey subjective claims – for example, L’Oréal’s long-standing “Because I’m worth it” tagline – it’s unlikely consumers would think statements like that are supported by science.  (It’s hard to imagine a testing protocol that could establish whether or...
Why do companies sell “miracle” diet pills and potions, promising results that defy the laws of physics?  Why do consumers buy them?  And what is the FTC doing about it?  Those are just some of the topics on the agenda at a congressional hearing today.  If you have clients that sell...
If it hasn’t happened yet, it’s only a matter of time.  You walk into a room – say, to get your sunglasses – and then can’t remember why you’re there.  So it’s no wonder that claims for BrainStrong Adult, a dietary supplement advertised on TV, online, and through an active social...
Dare us to describe the legal ramifications of a recent advertising settlement involving health claims in the style of a cringeworthy rap from 1990?  Cue up the bass line ‘cause here we go.
Like the swallows returning to Capistrano and the umpire yelling “Play ball!” on Opening Day, there’s another inevitable harbinger of spring:  ads for bogus products promising easy weight loss just in time for bathing suit season.  But this year, media outlets have a new tool for...
Advertisers that sell health products should know the legal standards by now, but to those resistant to the message, a federal judge in California spelled them out again in a $2.2 million judgment against the marketers of two diabetes products – Diabetic Pack and Insulin Resistance...
Sprinkle it on food.  Slather it on skin.  Place drops under the tongue.  Regardless of how consumers use your product, if you make weight loss claims, here’s a New Year’s resolution to consider:  Make sure you have sound science to support what you say.  That’s just one message...
Back in the day, consumers looking for a personalized product had to settle for a monogrammed hanky.  GeneLink, Inc.
The product may be called HCG Platinum, but according to a lawsuit filed by the FTC, the company’s weight loss claims were made of a baser metal.
If you or your clients make environmental marketing claims, don’t sleep on three actions the FTC just announced against companies that sell mattresses.  What's more, the pleadings in one case offer insights into a course of conduct advertisers should avoid in the use of seals and...

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