Natural Organics ADHD Claims Prohibited Under FTC Complaint

Claims made by Natural Organics for its Pedi-Active A.D.D. dietary supplement improperly suggest the product treats attention deficit hyperactivity disorder and are "unfair or deceptive acts or practices," the Federal Trade Commission determines.

In an Aug. 16 complaint, FTC charges Melville, N.Y.-based Natural Organics and founder Gerald Kessler, which sell the Pedi-Active A.D.D. product under the Nature's Plus brand, with "making unsubstantiated claims that its dietary supplement tablets...treat or mitigate [ADHD]."

Among the claims the company has made in advertisements, brochures, informational letters and on its Web site is one stating Pedi-Active A.D.D. "improves the attention span and scholastic performance of children who have difficulty focusing on their schoolwork," the commission says.

Promises to "improve the attention span of children who suffer from ADHD"; "improve the scholastic performance of children who suffer from ADHD"; and "treat or mitigate ADHD or its symptoms" are unsubstantiated, according to FTC.

The commission cites as an example a letter sent to consumers inquiring about the product that reads, in part, "sometimes yelling, pleading and begging your child to [do] their homework just isn't enough....What your child needs is a nutritional supplement that supplies a complete profile of the most advanced neuronutrients available to help your child live up to their full potential."

If adopted by the commission, the complaint would forbid Natural Organics from making ADHD, attention span and school performance claims unless they are substantiated by "competent and reliable scientific evidence," FTC notes.

The company also would be prohibited from using the term "A.D.D." or similar phrases as part of the name of the product, since the letters imply it can "treat or mitigate ADHD."

A hearing before an administrative law judge will take place April 9, 2001 at 10 a.m., "or such other date and time as determined by the ALJ," the complaint adds.

Citing ADHD as a common behavioral disorder, FTC notes the case represents its fifth action involving products marketed for the condition, which "prey on a vulnerable population of parents seeking alternative treatments for their children."

Efamol Nutraceuticals and J&R Research settled complaints with FTC in May regarding unsubstantiated ADHD claims. Both firms were barred from making such claims without substantiating evidence (¹ (Also see "Supplement Marketers Settle Attention Deficit Disorder Claims With FTC" - Pink Sheet, 15 May, 2000.)).

FTC also announced Aug. 16 it had settled charges with SmartScience Laboratories regarding claims the company made stating its JointFlex Pain Relieving Cream reduces pain caused by joint conditions and numerous other ailments.

Under the proposed consent order, Odessa, Fla.-based SmartScience (formerly Eden Labs) and president Gene Weitz agree to cease all future claims about the "absolute efficacy or comparative efficacy of the product in reducing, relieving or eliminating pain from any source," FTC states.

Moreover, the company cannot make claims on "the health benefits, performance, safety or efficacy of any such product," or claims on "the ability of glucosamine sulfate, chondroitin sulfate, or any other ingredient to relieve pain or provide any other health benefit when applied topically" without scientific substantiation, the order states.

Ads for JointFlex cited by the commission contained testimonials such as: "After two crushed vertebrae followed by painful arthritis, I never thought I'd get rid of the pain, until I used JointFlex. The results were amazing!"

Another testimonial included the statement, "Before using [JointFlex], I could hardly turn my head. Now I have almost 100% range of motion. It is like somebody switched a new light on in my life." The accounts were often accompanied by phrases such as: "Is pain spoiling your fun in life? Do what these people did!"

FTC accepted the proposed consent agreement with a 5-0 vote. The decision will be open to public comment for 30 days (until Sept. 15), at which time it may become final.