FTC Targets Supplement Firm In Administrative Proceeding After Contempt Complaint Fails
Federal Judge Says Settlement Stipulation Against ‘Treats Disease’ Claims Is Ambiguous
A ruling in Maine federal court questions whether FTC could show firms made claims a product labeled as a supplement “cures, mitigates, or treats any disease." But agency's administrative complaint includes the same phrase as a stipulation among the penalties it would order.
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Arizona CBD marketer Kushly Industries is ordered to no longer make disease claims for products without competent and reliable scientific evidence. Settlement lists 16 examples of claims but order in US district court identifies 32 claims the firm acknowledged it used in advertising.
Firms allegedly made false claims for four products labeled as supplements they launched since 2018 settlement. “Brazenly ignoring the Court’s order barring them from making unsubstantiated claims,” firms “have continued promoting their products with outrageous claims,” FTC contends.
Align Supplement Industry Regulation With DSHEA, Groups Tell FDA In 'Responsible Innovation' Comments
Targeted guidance on questions around NDINs and using import alerts to keep violative products off market are among supplement industry trade groups' suggestions for improving FDA oversight of the industry. Groups also continue asserting that the agency can strengthen its VMS product manufacturing and marketing oversight with its existing authorities.