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Advertising Law Updates

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FTC Goes After Dissolvable Oral Film Strips

A federal district court in California temporarily enjoined a company's advertising of dissolvable oral film strips that the FTC alleged were deceptively marketed as health aids.  The FTC obtained the relief by obtaining an ex parte temporary restraining order.  

The FTC charged Redwood Scientific Technologies and various individuals with deceptively advertising that TBX-FREE was a highly effective smoking cessation product, that Eupepsia Thin was caused substantial weight loss, and that Prolongz will increase men's sexual performance.  The FTC also alleged that the company claimed that products were made in the United States when they were, in fact, made in China, and that company used actors to portray actual consumers in its commercials. 

The FTC also claimed that, in addition to making unsubstantiated advertising claims, Redwood Scientific enrolled consumers in auto-ship continuity plans without their consent and didn't provide "guaranteed" refunds that were promised.  

As the new commissioners settle in, it's clear that going after deceptive health claims continues to be top priority at the FTC.  

Tags

advertising, health claims, endorsements, made in usa, ftc