Health claims sell products!  The Federal Trade Commission (FTC) certainly knows this and keeps a watchful eye on the market for potentially false, misleading, and unsubstantiated claims about the health benefits of products and services. Cue the FTC’s case against defendants Gravity Defyer Medical Technology Corporation (Gravity Defyer) and owner Alexander Elnekaveh about health claims for footwear. 

Earlier this month, the FTC entered into a settlement with Gravity Defyer and Elnekaveh. As part of the settlement, defendants agreed to stop making allegedly deceptive pain relief claims about Gravity Defyer footwear. The stipulated federal order also requires Elnekaveh to pay $175,000 in civil penalties for allegedly violating a prior FTC order barring him from deceptive advertising. And defendants are subject to 20 years of reporting obligations, recordkeeping, and FTC compliance monitoring. Ok, you’re wondering what health claims were made about the footwear, right? 

According to the FTC’s complaint, Gravity Defyer advertised that its footwear containing “VersoShock” technology would relieve knee, back, ankle, and foot pain, as well as pain in those suffering from plantar fasciitis, arthritis, joint pain, and heel spurs. Gravity Defyer advertising cited a double-blind as support, listing “clinically proven” percentages of pain reduction for various body parts.  The FTC argued that the cited study had “substantial flaws,” including that it was of insufficient duration and testing group size, failed to ensure adequate double blinding, failed to adequately control for other treatments that participants might have received, and relied solely on self-reported pain levels. Gravity Defyer also relied on user testimonials claiming pain reduction. According to the FTC, Gravity Defyer’s substantiation was not the competent and reliable scientific evidence required to adequately support health-related claims.

The Gravity Defyer case is a helpful reminder to take extra care—check your health-related product and service claims to ensure they are truthful, not misleading, and well supported by sufficient evidence. The FTC and other potential challengers are watching.