“Viagra for the brain.” It’s a slogan designed to attract the attention of consumers concerned about cognition. Then there was a massive online ad campaign of “news” websites featuring supposed testimonials from people like Bill Gates and the now-late Dr. Stephen Hawking. It’s no wonder people forked over millions for supplements that went by names like Geniux, Xcel, EVO, and Ion-Z.
Blog Posts Tagged with Health Claims
If you sell genetic testing kits to consumers, you’re probably familiar with the Genetic Information Nondiscrimination Act (GINA), which prohibits discrimination on the basis of genetic information under some circumstances. You’re also familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects health information collected by certain types of entities. Then there are laws enforced by the FDA and the Centers for Disease Control and Prevention that pertain to genetic testing kits.
In explaining FTC cases, we try to give readers a behind-the-scenes perspective and sometimes the most accurate insights are out of the mouths of corporate insiders. In the FTC’s first case challenging fabricated reviews on an independent retail site, consider an email from the CEO of Brooklyn-based Cure Encapsulations about a weight loss pill it was selling.
Alzheimer’s disease poses what experts agree is a looming public health crisis. But it also exacts an incalculable personal toll on people living with the condition and the family and friends who love them. The FTC and the Food and Drug Administration just sent warning letters to three companies advertising that their products can treat diseases like Alzheimer’s. It’s a development that merits industry attention.
Steely Dan may be one of the best duos of the rock era. (Sorry, Donnie and Marie fans.) Their song “Hey Nineteen” reminds us to mention some FTC consumer protection developments that could be of interest to your company or clients in 2019. As “Any Major Dude Will Tell You,” when you’re “Reelin’ in the Years” – or at least recapping the past one – consider this non-exhaustive and in-no-particular-order case compilation.
What do Hollywood classics Sunset Boulevard, Citizen Kane, Double Indemnity, and Fight Club have in common? They all begin with the end of the story.
Archeologists report that the first mention of diabetes was in a papyrus excavated from an Egyptian tomb. Roll the scroll out a bit and it wouldn’t surprise us to find an ad (in hieroglyphics, of course) for a pill or potion promising a miracle treatment. Questionable diabetes products have been around for centuries and the latest one to attract law enforcement attention is a dietary supplement called Nobetes.
In the annals of film, Citizen Kane, The Godfather, and Casablanca are among our top picks. But don’t expect our list to include TBX-FREE, Eupepsia Thin, or Prolongz, dissolving strips of film the FTC says California-based Redwood Scientific deceptively advertised for smoking cessation, weight loss, and male sexual performance.
Old West nostrum sellers used to market treatments for a broad range of diseases with the slogan “Good for what ails ya.” California-based Regenerative Medical Group used a current buzzword in science – stem cell therapy – to peddle what they claimed were treatments for conditions as varied as cerebral palsy and autism to Parkinson’s disease, stroke, and macular degeneration.
“A guy walks into a bar . . . .” It’s a typical set-up for a stand-up comedian, but we never thought it would be the opener about a proposed FTC settlement involving unproven treatment claims for serious diseases.
Mosquitoes don’t just bug us. A big concern is their penchant for passing along pernicious diseases, including the Zika virus. New Jersey-based Aromaflage claimed its sprays and candles were effective at repelling mosquitoes – including ones that spread serious illnesses – and repelled mosquitoes as effectively as 25% DEET. The FTC alleges those representations were false or misleading.
Why are you mumbling?
The TV is not too loud!
What did you say? This restaurant is like Grand Central Station.
Sometimes a picture really is worth a thousand words. According to warning letters from the FDA and FTC, certain sellers of e-liquids – flavorings for e-cigarettes – are using packaging that imitates foods or beverages popular with children. Little kids who ingest what’s inside boxes that appear to be apple juice, cookies, candy, etc., risk acute nicotine toxicity, poisoning that can result in seizure, coma, cardiac and respiratory arrest, and death.
Medical professionals, consumer advocates, industry members, and law enforcers are gathering in Washington right now in anticipation of today’s workshop, The Contact Lens Rule and the Evolving Contact Lens Marketplace. Panelists will scrutinize issues related to competition in the marketplace, consumer access to contact lenses, prescription release and portability, and other topics.
The FTC is eyeing its Contact Lens Rule and has announced the agenda for a March 7, 2018, workshop, The Contact Lens Rule and the Evolving Contact Lens Marketplace.
Who among us wouldn’t want to turn back the hands of time? But don’t try to summon the spirit of Ponce de León just yet. According to the FTC, anti-aging claims for TA-65MD and TA-for 65 Skin lacked scientific substantiation. In addition, the FTC challenged the company’s use of consumer endorsements and alleged that it falsely represented that a paid-for segment touting its products on The Suzanne Show was independent programming.
We haven’t tried bullhorns or signal flares yet, but aside from that, it’s tough to imagine a tactic the FTC hasn’t taken to warn businesses about the risks of involving themselves in deceptive weight loss promotions.
There’s one thing people struggling with opioid addiction need: the facts. And there’s something that can hinder their recovery and perhaps even lead to relapse: unproven treatments promoted with deceptive advertising claims. Partnering with federal health agencies, the FTC has announced efforts related to both issues – and there are steps your business can take to lend a hand.
So you’ve received a Civil Investigative Demand (CID) from the Federal Trade Commission related to a consumer protection matter. Now what? We appreciate that it can be daunting for any company – especially a small business – and we want to be as transparent as possible about the process.
The FTC’s fight against the deceptive marketing of unproven cancer treatments goes back to the early days of the agency, and it’s disappointing that we still need to bring cases of that nature. But you can add the FTC’s settlement with Florida-based CellMark Biopharma and CEO Derek Vest to that list – and the deceptive claims they pitched to people battling cancer are particularly disconcerting.