FTC Stops Direct Mail Marketers’ Health Claims
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.
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