FTC Stops Direct Mail Marketers’ Health Claims

April 20, 2020 / Richard B. Newman

The marketers of three supplements called Neurocet, Regenify and Resetigen-D have settled a Federal Trade Commission compliant alleging they deceptively promoted their products to older Americans using false claims that their products could stop pain and treat age-related ailments.

The complaint alleges that the defendants marketed their pills through magazine-style direct mailings and online.

According to FTC lawyers, the mailers and other ads for Neurocet promised that it could significantly treat pain, including joint, back, arthritis, and headache pain, stiffness, and inflammation, and provide stronger, longer lasting relief than other pain drugs.

According to the complaint, the defendants claimed that Regenify and Resetigen-D were anti-aging cure-alls that could repair cells and treat multiple ailments. The FTC contends that the defendants also deceptively advertised Regenify and Resetigen-D through bogus doctor endorsements and fake consumer testimonials.

The complaint further alleges that the defendants falsely claimed the products were clinically proven to treat these conditions.

The proposed stipulated order would bar the defendants – five related companies and their principals – from making any claims about the health benefits of their products unless they are accurate and substantiated by scientific evidence.

“These defendants promised miracle cures to people who needed real medical help,” said FTC lawyer Andrew Smith, Director of the Bureau of Consumer Protection. “Companies need scientific evidence to back up health claims for their products; the Commission will continue to take action against marketers who can’t support their claims.”

The order also would impose a judgment of more than $38.1 million, which is partially suspended due to inability to pay, after the defendants pay $1.3 million.

Richard B. Newman is an advertising practices attorney at Hinch Newman LLP. Follow him on Twitter @FTC defense lawyer.

Informational purposes only. Not legal advice. May be considered attorney advertising.

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Richard B. Newman

Richard B. Newman is a nationally recognized FTC advertising compliance, CID investigation and regulatory enforcemetn attorney. He regularly provides advertising counsel and represents clients in high-profile investigations and enforcement proceedings initiated by the Federal Trade Commission, state attorneys general, departments of consumer affairs, and other federal and state agencies with jurisdiction over advertising and marketing practices. Richard is also an ecommerce lawyer and spam defense attorney. His practice additionally focuses upon false advertising defense, data privacy, cybersquatting, intellectual property law and transactional matters relating to the dissemination of national advertising campaigns, including the gamut of affiliate marketing, telemarketing, lead generation, list management and licensing agreements. Richard advises clients on how to minimize the legal risks associated with digital marketing, email marketing, telemarketing, social media influencer campaigns, endorsements and testimonials, negative option marketing models, native advertising, online promotions and comparative advertising,

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