Federal Trade Commission

FTC settles with supplement startup over COVID claims

23-Feb-2024 By Asia Sherman

A multi-year case involving dietary supplement startup PPO Lab, the Federal Trade Commission (FTC) and COVID-19-related health claims has come to a close, culminating in a truce that removes fines and lightens administrative burdens on the defendants.

CRN hopes citizen petition leads to more targeted discussions with FTC

02-Oct-2023 By Claudia Adrien

The Council for Responsible Nutrition will request an additional conversation with the Federal Trade Commission this month to follow up on a citizen petition it filed in September.

FTC 'clarifies' claims substantiation of Health Products Compliance Guidance

22-Sep-2023 By Stephen Daniells

Despite language in the 2022 Health Products Compliance Guidance around the need for clinical trials to substantiate health claims, the US Federal Trade Commission has stated that not all claims require that level of substantiation.

ACI-CRN Legal, Regulatory and Compliance Forum: ‘The whiplash with everything going on this year can be a little disorienting'

05-Jul-2023 By Asia Sherman

The need for certainty and preparedness emerged as crosscutting priorities among the general counsels, regulatory experts and research scientists gathered last week in New York City for the 11th Annual Legal, Regulatory and Compliance Forum on Dietary...

FTC goes after doTERRA distributors for making unfounded COVID-19 cure claims

06-Mar-2023 By Danielle Masterson

The United States obtained permanent injunctions and civil penalties in actions against essential oils and dietary supplements distributors.

FTC charges The Bountiful Company for ‘review highjacking’ on Amazon

20-Feb-2023 By Stephen Daniells

In the first-of-its-kind case, the US Federal Trade Commission took action against The Bountiful Company for allegedly abusing a feature of Amazon.com to steal or repurpose reviews of another product.

FTC proposes new guidelines to hem in use of fake reviews

23-May-2022 By Hank Schultz

The US Federal Trade Commission is proposing an updated set of rules that would attempt to rein in the burgeoning use of phony reviews to hawk products online. They would also work to prevent the suppression of negative reviews

FTC adds to repeat offender’s rap sheet with disease claims consent decree

21-Mar-2022 By Hank Schultz

The Federal Trade Commission has permanently banned two Texas firms from making diabetes and pain relief claims on the dietary supplements that they market. Kramer Duhon, the firms’ principal, has a long history of fines and enforcement actions against...

FTC refunding almost $400,000 to consumers who bought BASF fish oil supplements

22-Feb-2022 By Hank Schultz

The US Federal Trade Commission is sending refunds to consumers who bought BASF fish oil supplements marketed with improper claims.

FTC warnings about COVID-19 claims now also include social media platforms and ecommerce sites

20-Jan-2022 By Hank Schultz

The warnings FTC sent yesterday over COVID-19 treatment claims have included the social media platforms the advertisers used and on which they sold their products. It marks a change in policy that will be dissected as part of the agenda of the upcoming...

Second big fine puts firms on notice to get serious about support for Made in USA claims

11-Oct-2021 By Hank Schultz

The Federal Trade Commission has handed down the another substantial penalty this year for a misleading Made in USA claim, underlining the risk such claims can pose to manufacturers if not properly constituted

FTC targets another CBD marketer for unsubstantiated disease claims

18-May-2021 By Hank Schultz

A marketer of CBD products has agreed in a Federal Trade Commission administrative proceeding to cease making unsubstantiated disease treatment claims and pay more than $30,000 in consumer redress.

Supreme Court curbs FTC’s ability to levy fines

22-Apr-2021 By Hank Schultz

The Supreme Court ruled today that the Federal Trade Commission can no longer levy fines in the way it has been in recent years.

Special edition: Weight Management

FTC, media outlets can do more to help curb fraudulent weight loss pill peddling ads, CRN president argues

18-Jan-2018 By Adi Menayang

There are more self-policing initiatives from within the industry compared to four years ago, when a senate informational hearing brought the weight management supplement category to national attention, argued Steve Mister, CEO and president of the trade...

Despite legal dispute over memory claims, Quincy Bioscience still spends big on promotion

07-Aug-2017 By Hank Schultz

Despite a high profile legal wrangle with FTC and with the New York Attorney General, memory support supplement manufacturer Quincy Bioscience has enough revenue in the tank to afford a high-dollar sponsorship of a NASCAR racing team.

GAO’s memory supplement review

‘Agencies need to do more around the most egregious memory claims’: CRN’s Mister

16-Jun-2017 By Stephen Daniells

The majority of dietary supplements making memory claims adhere to the federal requirements but some still go too far with their claims, according to a new review from the US Government Accountability Office.

Natural Products Day: NPA discusses HSA/FSA, NDIs, FTC, WIC program and more with legislators

30-Mar-2017 By Stephen Daniells

Over 100 industry stakeholders from 25 key states took to Capitol Hill to discuss a range of issues, ranging from the inclusion of dietary supplement in HSA/FSA, the regulation of new dietary ingredients (NDIs), and over-reach by the Federal Trade Commission...

Injunctions, $6.6 million fine in FTC case citing misleading claims, fraudulent return policy

24-Feb-2017 By Hank Schultz

The Federal Trade Commission and Attorney General of Maine have announced the settlement of a case involving alleged deceptive marketing practices for dietary supplements that were featured in radio spots.

FTC outlines lessons for MLMs following Herbalife and Vemma cases

12-Jan-2017 By Stephen Daniells

The Federal Trade Commission has released guidance for MLMs based on lessons learned from the FTC’s cases against Herbalife and Vemma.

Marketers of Prevagen charged with making false and unsubstantiated claims by FTC, NY AG

10-Jan-2017 By Stephen Daniells

Quincy Bioscience, marketers of brain health product Prevagen, has been charged with making deceptive memory, cognitive improvement claims by the Federal Trade Commission and New York State Attorney General.

UNPA hires ex-FDA official for new VP of Regulatory & Compliance position

15-Dec-2016

The United Natural Products Alliance (UNPA) has appointed former FDA official Larisa Pavlick to the newly created position of Vice President, Regulatory & Compliance.

FTC cites another 'fake news' weight loss marketing scheme

07-Jun-2016 By Hank Schultz

The fake news site scam reared its head again in the weight loss sector again recently as the Federal Trade Commission charged Florida-based supplement marketers of defrauding consumers.

Strain specificity key to probiotic quality, but expert says generic products will still populate bottom of market

20-Apr-2016 By Hank Schultz

Strain specificity is the name of the game in probiotics if you want to really connect a product’s health benefits to the science, said consultant Ralf Jaeger, PhD. But as scripture says, the poor will ever be with us, and Jaeger said that products featuring...

FTC action casts more doubt over usefulness of 'all natural' claims

14-Apr-2016 By Hank Schultz

The Federal Trade Commission has taken action on natural claims, something which should make dietary supplement companies sit up and take notice, an attorney says.

DOJ indicts USPLabs as part of nationwide crackdown on fraudulent ingredients, illegal claims

17-Nov-2015 By Hank Schultz

The Department of Justice announced a criminal indictment of sports supplement maker USPLabs and several of its executives at a news conference in Washington, DC today as part of a nationwide sweep targeting more than 100 makers and marketers of dietary...

Whether it's one study or two, FTC still taking deep dive on design, data, and statistical analysis, expert says

19-Oct-2015 By Hank Schultz

Recent court cases may put the Federal Trade Commission’s penchant for requiring two trials to support health claims into the pending category. But that hasn’t blunted FTC’s increasingly detailed look at the design of the studies themselves, said lawyer...

Mister: Bayer opinion is not a green light to just say whatever you want, but the opinion is a reassurance

13-Oct-2015 By Stephen Daniells

The recent decision in the Bayer vs FTC case contains positive lessons and some points of caution for the industry, notably around what you need to substantiate claims and why FTC is not going away, says Steve Mister, President and CEO of the CRN.

FTC seeks injunction against weight loss supplement marketer over false claims, fraudulent 'risk free' offer

14-May-2015 By Hank Schultz

The Federal Trade Commission, alleging false advertising, is seeking a permanent injunction to prevent Lunada Biomedical Inc. from claiming that its dietary supplement Amberen causes substantial weight loss.

$16 million fine levied in FTC's acai fake websites case won't end misuse of 3rd party info, observer says

09-Apr-2015 By Hank Schultz

The Federal Trade Commission has secured a $16 million fine against a vendor and its parent company who helped put up fake news websites that hawked the benefits of weight loss products based on acai. While the fine may signal last act in this highly...

Schniederman's actions, FTC's overreach on agenda as NPA members blanket Capitol Hill

26-Mar-2015 By Elizabeth Crawford

More than 100 members of the Natural Products Association gathered in Washington, D.C., to discuss with their legislators hot topics facing the industry. Talking points included defining organic as non-GMO, gaining flexible spending account coverage for...

Company agrees to FTC demand to stop making claims on supplements aimed at kids with speech disorders

12-Jan-2015 By Hank Schultz

A company that markets supplements aimed at children with speech disorders associated with autism has agreed to stop making what the Federal Trade Commission deemed were deceptive claims on its products and to pay a substantial fine in a settlement, the...

Guest article

UNPA: On a host of issues, it's back to the future in 2015

08-Jan-2015 By Loren Israelsen, president of the United Natural Products Alliance

On the cusp of its 30th anniversary, there’s been a lot of talk about the look forward provided by the 1985 movie, Back to the Future. A similar look back at the natural health products industry to see the future is not such a far-fetched idea. A number...

FTC lawsuit alleges Gerber ads lack the ‘qualified’ part of qualified health claims

03-Nov-2014 By Elizabeth Crawford

The Federal Trade Commission’s allegations that baby food maker Gerber overstated the ability of Good Start Gentle formula to prevent allergies underscores the difficulty of using qualified health claims, which often are restrictive, difficult for consumers...

FTC warns 60 companies for noncompliance on ad disclosure guidelines

24-Sep-2014 By Hank Schultz

The Federal Trade Commission has sent warning letters to 60 companies, including 20 of the nation’s largest advertisers, warning them about their failure to make adequate disclosures in their print and television ads. One observer said the effort was...

FTC's fines on weight loss claims total more than all other categories combined, CRN database shows

21-Aug-2014 By Hank Schultz

The Council for Responsible Nutrition has launched a new tool for members that puts together in one place data on recent enforcement actions by the Federal Trade Commission regardling claims made in advertising. The resource can help them avoid making...

Cactus drink marketer to pay $3.5 million to settle FTC false advertising claims

16-Jul-2014 By Hank Schultz

The marketers of a cactus drink have agreed to pay $3.5 million to settle false advertising charges brought by the Federal Trade Commission. Such charges could be levied against many companies, said Denver-based attorney Justin Prochnow.

Dr Oz on ‘The Dr Oz Effect’: For my colleagues at the FTC, I realize I have made their jobs more difficult

17-Jun-2014 By Stephen Daniells

Celebrity doctor Mehmet Oz has admitted that the biggest disservice he has done for his audience is not identifying where to buy the quality products he talks about on his show.

FTC files suit against marketers of green coffee bean product

19-May-2014 By Hank Schultz

The Federal Trade Commission has a false advertising case against the marketers of a green coffee bean diet product. The case shows the potential dark side of the so-called ‘Dr Oz effect’ and, in the words of one observer, offers a roadmap of what not...

Herbalife's reticence cedes control of narrative to critics, consultant says

19-Mar-2014 By Hank Schultz

Network marketing giant Herbalife is being investigated by the Federal Trade Commission and has gone dark from a communications standpoint. While such a strategy is understandable, it can have the effect of allowing the company’s critics to control the...

CRN objects to 2 clinical trials standard in comments on FTC consent decree

05-Feb-2014 By Hank Schultz

The Federal Trade Commission seems to be moving toward a blanket policy of required two randomized controlled trials (RCTs) to support health claims on dietary supplement products. It’s a trend that the Council for Responsible Nutrition opposes in its...

Marketers of genetically customized nutritional supplements agree to settle with FTC

08-Jan-2014 By Stephen DANIELLS

GeneLink, Inc. and its former subsidiary, foru International Corp, have agreed to settle charges from the US Federal Trade Commission of deceptive advertising for claims that their personalized nutritional supplements treat diabetes, heart disease, arthritis,...

Industry figures commend FTC’s Operation Failed Resolution

08-Jan-2014 By Stephen DANIELLS

The US Federal Trade Commission’s new initiative to crack down on deceptive advertising practices for weight loss or management reinforces the importance of responsible marketing, say leading industry figures.

News in brief

FTC refunds almost $6 Million to consumers of acai berry supplement

20-Dec-2013

Checks totaling $5,936,243.63 are being mailed by an administrator working for the Federal Trade Commission to consumers who purchased acai berry supplements, “colon cleansers,” and other products from Phoenix-based Central Coast Nutraceuticals, Inc.

FTC mails checks from $2.1m fund created by NBTY to settle deceptive marketing charges over kids' multivitamins

09-Aug-2013 By Elaine WATSON

The Federal Trade Commission (FTC) has mailed 10,144 checks to reimburse consumers who bought Disney- or Marvel Hero-themed supplements for kids from NBTY and two subsidiaries under allegedly false pretenses.

Analysis: POM Wonderful FTC ruling

Attorney: FTC Commissioners’ ruling on POM Wonderful is ‘truly astonishing’, ‘abusive’ and ‘unlawful’

17-Jan-2013 By Elaine WATSON

While the headlines yesterday could be summarized as ‘FTC one, POM zero’, legal experts say the 54-page opinion from FTC Commissioners on the FTC’s false advertising case vs POM Wonderful could have troubling implications for the food and supplement trade...

FTC investigation clouds Vitamin Shoppe-Super Supplements deal

02-Jan-2013 By Hank Schultz

The planned acquisition of Super Supplements, a Seattle-based chain, by Vitamin Shoppe Inc. appears to be in question after the Federal Trade Commission’s decision to extend its investigation into the transaction past the planned Dec. 31 closing date.

NPF notifies FTC of 26 advertisers making illegal drug claims

18-Dec-2012 By Hank Schultz

The Truth in Advertising program of the Natural Products Foundation has referred another 26 advertisers on to the Federal Trade Commission for making drug claims on behalf of dietary supplements.

Will POM Wonderful case finally clear up confusion over what evidence is needed to support ad claims?

07-Dec-2012 By Elaine WATSON

Do firms need at least two randomized controlled trials (RCTs) to convince regulators that they have ‘competent and reliable scientific evidence’ to support advertising claims about the health benefits of foods and supplements?

Bayer “absolutely open” to further acquisitions after $1.2bn Schiff shop

30-Oct-2012 By Shane STARLING

The consumer arm of German pharma giant Bayer Healthcare is to pay $1.2bn (€920m) for US food supplements company Schiff Nutrition International, a move that will make it one of the biggest operators there, feed product development globally, and may not...