Marketing › Efficacy Claims

Abbott Avoids Shake-Up: False Ad Suit over Ensure Dismissed

Yet another court has tasked plaintiffs at the pleading stage with providing scientific support for false advertising claims that are based on a product’s alleged failure to deliver its promised health benefits. On Friday, a...more

Is the FTC Decision in POM Wonderful a Game Changer? Only Time (and a Pending Appeal) Will Tell

The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more

“Clear and Conspicuous” FTC Guidance on Marketing Mobile Apps

The Federal Trade Commission (FTC or Commission) recently published a guide, Marketing your Mobile App: Get it Right From the Start, to help mobile app developers understand FTC advertising and privacy rules. ...more

POM Loses a Round in Its Advertising Dispute With FTC, But Battle Continues

POM Wonderful LLC recently received a setback in its longstanding dispute with the Federal Trade Commission. On Sept. 30, 2012, U.S. District Judge Richard Roberts in the District of Columbia dismissed the juice maker’s...more

‘Results Will Vary,’ But FTC’s Cases Against Weight-Loss Companies Remain the Same

The Federal Trade Commission recently announced a settlement with Jason Pharmaceuticals regarding its use of consumer testimonials and health benefits claims. Any company that relies on testimonials in its advertising, even a...more

Florida Court Rejects FTC’s Interpretation of Its Own Healthcare Advertising Requirements

The FTC requires that healthcare advertisements be substantiated with “competent and reliable scientific evidence.” What constitutes such evidence, however, is hotly debated. Not surprisingly, the FTC’s position is that...more

FTC v. Rexall Sundown, Inc., Case No. 00-7013-CIV-MARTINEZ (S.D. Florida 2000)

Claims that products treat maladies or their symptoms must be substantiated by reliable scientific evidence.

Rexall Sundown produced and sold Cellasene, a product advertised as a "clinically researched formula" which eliminated cellulite without changes to diet or exercise. The recommended eight-week course of Cellasene sold for...more

FTC v. Met-RX USA, Inc., Civil Action No. SAC V-99-1407 (C.D. Calif. 1999)

Even claims that a health product does not produce certain effects must be substantiated by scientific evidence, including claims...

Met-RX sold nutritional supplements, including a line of androgen supplements under the brand name "Substrate Solutions." The products were advertised to increase strength and muscle mass, and to be safe, produce no or...more

US v. Home Shopping Network Inc. (1999)

The FTC takes unsubstantiated product claims very seriously.

Home Shopping Network agreed to pay a 1.1 million dollar fine for violating an earlier consent agreement with the FTC. According to the FTC, Home Shopping made unsubstantiated efficacy claims for products designed to help...more

In the Matter of Nu Skin International Inc. (1997) , FTC Docket No. C-3489

Violation of a previous consent decree is a serious event. Nu Skin settled for $1.5 million, suggesting that the potential fine...

The FTC alleged that NU Skin had violated a previous consent decree with the Commission. The company had previously agreed to cease claiming that their nutritional supplements were effective in the absence of reliable and...more

Nature's Bounty, Inc. et al, 60 Fed. Reg. 25218 (May 11 1995)

Products sold to treat certain symptoms, such as hair loss in men, may attract the attention of the Food and Drug Administration...

Nature's Bounty agreed to stop manufacturing products and selling them with names that implied the product treated the common symptoms unless Nature's Bounty had competent and reliable scientific evidence to substantiate...more