Ftc

CRN’s Mister on FDA reorg, FTC petition, and state of the market

02-Nov-2023 By Stephen Daniells

Recent statements and conversations with senior officials at the FDA have revealed “an apparent knowledge gap within the upper echelons of the Agency” regarding the regulation of dietary supplements, says Steve Mister, President and CEO of the Council...

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.

Citizen Petition demands FTC withdraw Notice of Penalty Offense sent to 700 companies

18-Sep-2023 By Danielle Masterson

Earlier this year, the FTC sought to flex its penalty offense authority by issuing compliance reminders to advertisers–but trades say that ‘friendly reminder’ was unlawful.

FTC settles case on privacy, security of genetic information with1Health.io

14-Sep-2023 By Danielle Masterson

The agency claims precision health company 1Health.io failed to protect privacy and security of DNA data and unfairly changed its privacy policy.

"PFAS-free” marketing: What you need to know

17-Aug-2023 By Danielle Masterson

Nutraceutical companies that claim their products or packaging are “PFAS-free” should proceed cautiously, says attorney John Villafranco.

FTC seeks to crack down on fake reviews in the digital age

10-Jul-2023 By Danielle Masterson

The Commission noted the proliferation of generative AI will likely make it easier for bad actors to write fake reviews. However, the FTC's plan to impose hefty fines may be enough to deter deceptive practices.

FTC issues "friendly reminder" to hundreds of brands to back up product claims

14-Apr-2023 By Danielle Masterson

The raft of letters puts advertisers on notice that they should avoid deceiving consumers by making product claims that cannot be substantiated–or face hefty fines.

NutraCast: Payment processing challenges that nutraceutical merchants face

07-Apr-2023 By Danielle Masterson

Regulatory issues, high chargeback rates, reputation and fraud all make dietary supplements 'high-risk.' So when it comes to accepting online credit card payments, traditional financial institution don't want to go through the hassle.

Cancel culture: FTC proposes ‘click to cancel’ provision

27-Mar-2023 By Danielle Masterson

While some have felt the wrath of being ‘canceled,’ subscriptions have somehow been spared. But the FTC is hoping to change that with a new proposal.

Ullman breaks down FTC’s recent Health Products Compliance Guidance

22-Mar-2023 By Stephen Daniells

The details around claims substantiation in the recently released Health Products Compliance Guidance from the Federal Trade Commission (FTC) could be a “huge sea change”, says attorney Marc Ullman.

Industry on notice as FTC probes social media, video streaming platforms

17-Mar-2023 By Danielle Masterson

The Commission calls out disease prevention ads, weight-loss products and MLMs as it investigates the inner workings of social media and its function in deceptive online advertising.

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.

NEWS IN BRIEF

Businessman permanently banned from supplement industry

08-Jul-2022 By Hank Schultz

The US Federal Trade Commission has posted a final approval of consent order permanently banning a Texas businessman from selling dietary supplements.

IPAWC + Probiota Americas 2022: Regulators, start-ups & investment headline Day 3

26-May-2022 By Stephen Daniells

The return of the IPA World Congress + Probiota Americas is just over a week away. Don’t wait to register your attendance for this world-class program in Washington, D.C.

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 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...

FTC puts hundreds of firms on notice over use of endorsements

14-Oct-2021 By Danielle Masterson

The US Federal Trade Commission sent out hundreds of notices yesterday over the use of endorsements it says may violate its rules. Many prominent companies in the dietary supplement industry are on the list.

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

Attorney on FTC's plan to stop COVID-19-related scams

28-Jun-2021 By Danielle Masterson

Following Probiotas Americas, NutraIngredients-USA sat down with Attorney Ivan Wasserman to hear what is going on in the legal world of dietary supplements.

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.

As FTC turnover begins industry expects greater focus on consumer protection

20-Jan-2021 By Hank Schultz

Federal Trade Commission Chairman Joseph Simons announced his resignation yesterday, which begins the process of filling slots at the commission with Biden Administration appointees. A reformed FTC is likely to take a stronger line on consumer protection,...

NutraVideo: Attorney Nair on the reasonable consumer

04-Jan-2021 By Danielle Masterson

So-called 'transition' or toddler formulas allegedly trick parents into thinking these products adhere to the same standards as infant formula, according to three separate but nearly identical class action lawsuits.

UFC fighter will deliver keynote at NPA’s virtual Big Natural event

19-Oct-2020

The Natural Products Association (NPA) has announced that its annual conference, The Big Natural will take place virtually November 30 to December 1 with Ultimate Fighting Championship (UFC) fighter Daniel Cormier delivering the keynote address.

NutraCast Podcast: Atty Pooja Nair on industry impact of 'Made in USA' rule

11-Sep-2020 By Danielle Masterson

In recent months, the Federal Trade Commission issued a proposed "Made in USA" rule that would serve as a guide for when businesses can advertise that their products are made in the United States.

NutraCast Podcast: Are brands responsible for consumer reviews? Atty Marc Ullman weighs in

04-Sep-2020 By Danielle Masterson

When it comes to discussing immunity and other health claims, marketers have to be cautious, especially in the current climate. A recent National Advertising Division (NAD) decision stated this is an “unprecedented time” and declared it would fulfill...

FTC to marketers: Stop making unsupported COVID treatment claims

17-Aug-2020 By Danielle Masterson

The Federal Trade Commission has sent another round of warning letters to marketers making unsubstantiated COVID-19 health claims. The FTC’s message is simple: Prove it or remove it.

FTC hits marketer with lawsuit over pricey ‘FDA accepted’ COVID-19 ‘treatment’ plan

04-Aug-2020 By Danielle Masterson

The Federal Trade Commission charged Golden Sunrise Nutraceutical, Inc. with deceptively advertising an ‘Emergency D-Virus’ treatment as a scientifically proven way to treat COVID-19. The company even went as far as claiming their treatment was ‘FDA accepted.’

NutraCast Podcast: CSPI’s Laura MacCleery on ‘antiviral' supplements in the marketplace

04-Aug-2020 By Danielle Masterson

Over 70% of Americans take dietary supplements, and by now, most consumers have probably noticed the disclaimer that says "This statement has not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.”

Is FTC pushing back on structure/function claims territory, asks UNPA’s Israelsen

27-Jul-2020 By Stephen Daniells

Many recent warning letters from the Federal Trade Commission about COVID-19 are warranted, says UNPA’s Loren Israelsen, but some targeting health practitioners and what our industry has to offer in the broader immunity discussion may hint at redefining...

FTC ramps up enforcement with new wave of warning letters

08-Jun-2020 By Danielle Masterson

As Americans begin to emerge from quarantine and many cities begin the process of getting back to ‘normal,’ the FTC continues to keep an eye on companies making unsupported coronavirus claims.

FTC sends $470k in refunds to consumers defrauded by aloe vera supplement marketer

27-May-2020 By Danielle Masterson

The Federal Trade Commission continues to be vigilant in policing health-related claims, after announcing over 22,580 refund checks would be mailed this week to consumers nationwide.

Warning letters continue as pandemic rages on

26-May-2020 By Danielle Masterson

The Federal Trade Commission has sent out another round of warning letters to 50 more marketers nationwide, most of which are labeled as dietary supplements or Chinese herbs.

FTC refunds $8.5 million to consumers over fraudulent product claims

20-May-2020 By Danielle Masterson

The Federal Trade Commission just announced it is issuing refund checks totaling over $8.5 million to consumers defrauded by misleading claims on weight loss products an erectile dysfunction product in a case dating back to 2004.

Despite coronavirus dislocations, FDA, FTC not taking foot off compliance pedal

18-May-2020 By Danielle Masterson

The Food and Drug Administration (FDA) may have suspended all routine plant inspections, but dietary supplement producers are still expected to remain in compliance. In the meantime, the Federal Trade Commission has sent another 37 warning letters over...

Cashing in on the crisis: More FDA warning letters

14-Apr-2020 By Danielle Masterson

There is currently no cure for coronavirus, however, that hasn’t stopped companies from preying on consumers’ fears, as a new raft of FDA warning letters makes clear.

Probiotics brand seeks to up standards by taking online influencing into own hands

20-Nov-2019 By Danielle Masterson

In a world where evangelism outpaces evidence every day, Seed hopes to set the record straight on probiotic science by taking you back to school -- on Instagram.

FTC puts limits around influencer economy with rules guidance

11-Nov-2019 By Danielle Masterson

As online influencers continue to wield more and more financial power, the FTC is laying down the rules on how brands and influencers must be transparent about their working relationship.

Trump exec orders will affect guidances from FDA and FTC, expert says

11-Oct-2019 By Hank Schultz

New Trump Administration executive orders on guidance documents from regulatory agencies likely will affect the dietary supplement industry, an attorney says.

AdvoCare to pay $150 million FTC fine, agrees to dismantle MLM structure

03-Oct-2019 By Hank Schultz

AdvoCare, a multi-level marketing company, has agreed to a $150 million fine and a compensation plan restructuring to settle an FTC pyramid scheme case. In addition, the former CEO has agreed to a ban from the industry.

CSPI letter to FTC offers lessons for companies over PhD vs MD endorsers

18-Sep-2019 By Danielle Masterson

A recent letter from the CSPI to the FTC about a product endorsed by Sebastian Gorka, PhD, highlights the care required when companies use celebrity endorsers and list them as ‘Dr’.

Are your influencers complying with FTC rules?

03-Jul-2018 By Adi Menayang

Dietary supplement and functional food endorsements were among the many products that got influencers on the FTC’s naughty list last year.

FTC suggests ways to make fitness trackers, other devices safer and more secure

18-Jun-2018 By Hank Schultz

The Federal Trade Commission has weighed in on the safety and security of devices in the so-called Internet of Things, which include fitness trackers and other devices used by personalized nutrition firms.

Company that says products affect telomere length bows to FTC demand to dial back claims

22-Feb-2018 By Hank Schultz

Healthy aging claims are back in the spotlight with the settlement of a complaint by the US Federal Trade Commission against Telomerase Activation Sciences, a company that markets dietary supplements and skin care products based on TCM ingredients that...

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...

FTC, FDA ask consumers directly for help on policing claims, reporting adverse events

27-Jul-2017 By Hank Schultz

In a communication earlier this week two regulatory agencies sought input directly from consumers about outlandish claims and adverse events relating to dietary supplements.