Enforma Carb Trapper Plus Supplement Ad Claims Under FTC Scrutiny
This article was originally published in The Tan Sheet
Executive Summary
Enforma Natural Products could be hit with civil contempt charges for the third time if FTC determines the firm is making unsubstantiated advertising and marketing claims for its Carb Trapper Plus weight-loss product
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A Federal Trade Commission settlement with the makers of Exercise in a Bottle and Fat Trapper barring the firms from marketing weight-loss products in the future is an example of the agency's willingness to deliver severe punishments against repeat offenders
FTC v. Enforma
Supplement firm preliminarily enjoined from making certain weight-loss claims for Chitozyme and Acceleron under Los Angeles federal Judge Spencer Letts' Oct. 30 order. FTC says Enforma must recall, repackage and relabel products while also ensuring vendors are in compliance. Enforma is seeking stay of the preliminary injunction pending appeal. FTC now is expected to seek similar injunctive relief for Enforma's Fat Trapper Plus and Exercise In A Bottle. Court's order stems from FTC's July 23 civil contempt motion (1"The Tan Sheet" Aug. 5, 2002, p. 5)...
Enforma contests FTC allegations
Pointing to 19 studies as evidence of its Chitozyme weight-loss supplement's efficacy, company says FTC's recent contempt motion is "frivolous" and commission will be unable to provide clear and convincing evidence that Enforma lacks adequate substantiation for its ad claims. Enforma asserts FTC is using an undefined standard for "competent and reliable scientific evidence" and suggests commission should clarify this standard by telling Enforma what studies it considers vital to marketing Chitozyme. Firm says it has turned over to FTC studies on Carb Trapper Plus, and notes its products carry money-back guarantees, thereby refuting FTC's claim that consumers have suffered financial harm (1"The Tan Sheet" Aug. 5, 2002, p. 5). Enforma says it is considering suing FTC if company prevails in present action. Hearing on FTC's contempt motion, preliminary injunction request is scheduled for Sept. 30...