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Latest Test Of US FTC’s Standard Of RCTs For Health Claims: Saline Nasal Spray And COVID-19

Saline, Xylitol Spray Firm Xlear Says Referencing Research Isn’t Making Ad Claims

Executive Summary

Xlear founder Nate Jones says FTC doesn’t argue that results and other information in research linked in social media posts, its website and a press release are false, but wants to prohibit providing information to consumers on research about preventing and treating COVID-19.

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Xlear Admits Referencing Research, Avers Studies Support Saline Nasal Spray’s COVID-19 Efficacy

Firm responds to a complaint DoJ filed for FTC. Founder and president Nathan Jones continues criticism that FTC is attempting to silence research-backed advertising for alternatives to pharmaceuticals public health agencies promote for preventing or treating COVID-19.

FTC Leaves Supplement Industry Still Waiting For Shift Away From RCT Standard For Claims

FTC's "standard is the same. There's not any per se lower standard for substantiation just because you position your product as a supplement," says agency attorney Michelle Rusk. Supplement industry stakeholders, though, argue that FTC has no basis to require RCTs for structure/function claims.

FTC Stretched Standards In Enforcement Against Bayer Probiotic Claim

Judge Jose Linares states in his opinion that FTC’s requirement for “competent and reliable scientific evidence” to substantiate ad claims for consumer health care products aligns with FDA’s regulation of supplement claims under DSHEA, and Bayer complied with both agencies’ regs.

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