CRN's FTC Enforcement Action Compilation

The purpose of this compilation is to provide information about and access to dietary supplement—and functional food-related enforcement actions issued by the Federal Trade Commission (FTC). CRN publishes this web page as a service to its members and for informational purposes only. It is not intended as a substitute for legal advice, and CRN cannot guarantee the accuracy or completeness of the information provided. Please visit the FTC’s website at www.ftc.gov for additional information about FTC and its enforcement efforts. Please consult professional legal counsel with any specific questions or for legal advice regarding the information published on this website.

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Date of Decision:
Company:
Diet Coffee, Inc.
Product: Slim Coffee
Product Category:
  • Weight-Loss
Last Action:
$923,910 judgment / Prohibited from representing weight-loss products cause substantial weight loss / Prohibited from making any representation about the weight-loss effect or health benefits or efficacy of a product unless substantiated by scientific evidence / Prohibited from misrepresenting tests and studies
Additional Information:
Judgment suspended due to inability to pay unless financial situation misrepresented
Date of Decision:
Company:
Direct Marketing Concepts, Inc
Product: Supreme Greens / Coral Calcium
Product Category:
  • Disease Claims
Last Action:
$48.2 million judgment / Barred from making deceptive claims or misrepresenting that claims are validated by scientific research / Barred from making any health, performance, or efficacy claims about any food, drug, dietary supplement, cosmetic, or device unless claims are true, non-misleading and substantiated by competent and reliable scientific evidence / Must disclose that promotional programming is a paid advertising / Barred from billing consumers or charging their credit or debit cards on an ongoing basis without their consent
Additional Information:
Appeals court upheld the decision
Date of Decision:
Company:
DLXM LLC / Michael Volozin
Product: Acai Berry Products
Product Category:
  • Weight-Loss
Last Action:
$594,000 judgment / Must halt fake news site to market products / Required to make clear their messages are ads rather than journalism / Prohibited from making deceptive claims
Additional Information:
$594,000 judgment suspended due to inability to pay / Compliance reporting and monitoring required
Date of Decision:
Company:
Ebola-C Inc.
Product: Ebola-C
Product Category:
  • Ebola Virus
Last Action:
Joint FDA-FTC Warning Letter / Unapproved and unsubstantiated claims
Additional Information:
Date of Decision:
Company:
Fastin / Lipodrene / Benzedrine / Stimerex-ES
Product: BioMazing HCG Full-Potency Weight-Loss Drops / Hoodoba / Fucoidan Force / Immune Strong / VascuVite
Product Category:
  • Weight-Loss
  • Cancer
  • HIV/AIDS
  • Hepatitis
  • Blood Pressure
Last Action:
$1.3 million judgment (partially suspended) / Banned from making substantial or permanent weight-loss claims / Prohibited from making other weight-loss claims or disease-related claims unless supported by competent and reliable scientific evidence that is randomized, double-blind, placebo-controlled and conducted by qualified researchers / Other health-related claims must be supported by competent and reliable scientific evidence / Prohibited from misrepresenting any tests, studies, seals, certifications or endorsements
Additional Information:
Preservation of records required, except for reliably reported tests
Date of Decision:
Company:
Femina, Inc.
Product: Fat Seltzer Reduce
Product Category:
  • Weight-Loss
Last Action:
$43,000 judgment / Permanently enjoined from making claims about rapid and substantial weight loss / Prohibits claims related to weight-loss or the health benefits, performance, efficacy, safety or side effects of a product without competent and reliable scientific evidence
Additional Information:
Date of Decision:
Company:
FiberThin, LLC / Obesity Research Institute, LLC
Product: FiberThin / Propolene
Product Category:
  • Weight-Loss
Last Action:
$1.5 million judgment / Permanently enjoined from making claims about rapid and substantial weight loss / Prohibits claims related to weight-loss or the health benefits, performance, efficacy, safety or side effects of a product without competent and reliable scientific evidence / Expert endorsers must have competent and reliable scientific evidence / Prohibited from misrepresenting any test or study
Additional Information:
Date of Decision:
Company:
foru™ International Corporation
Product: LifeMap ME DNA Customized Nutritional Supplements / GeneWize Customized Nutritional Supplements
Product Category:
  • Genetic Assessments
Last Action:
Prohibited from claiming the product will treat, prevent, mitigate, or reduce the risk of any disease by modulating the effect of genes, or based on a customized genetic assessment unless the claim is true and supported by at least two well-controlled studies / Required that claims that a product effectively treats or prevents a disease in persons with a particular genetic variation must be backed up with randomized clinical trials conducted on subjects who have that genetic variation / Prohibited from misrepresenting scientific research / Prohibited from misrepresenting privacy and security practices
Additional Information:
Must establish security programs / Compliance monitoring for 20 years
Date of Decision:
Company:
Garden of Life, Inc.
Product: Primal Defense / RM-10 / Living Multi / FYI
Product Category:
  • Disease Claims
Last Action:
$225,000 judgment / Prohibited claims about tests and studies unless substantiated by scientific evidence / Required to have evidence for claims about benefit, efficacy of a product / Prohibited from misrepresenting study results
Additional Information:
FTC authorized to monitor compliance with the order / FTC initiated civil contempt proceedings in Aug. 2011 claiming violation of previous final order / District Court held for defendants due to FTC's lack of clear and convincing evidence / FTC sought review on Sept. 2012
Date of Decision:
Company:
Gemtronics, Inc.
Product: RAAX11
Product Category:
  • Cancer
Last Action:
Sought to prohibit making cancer claims without scientific evidence / Sought to prohibit from making efficacy claims without scientific evidence / Sought to prohibit from misrepresenting scientific evidence
Additional Information:
Complaint dismissed because ALJ determined there was insufficient evidence to hold respondents liable for deceptive advertising