$150 million slap: Laguna Beach firms, parent company fined for false advertising of Procera AVH dietary supplement
False claims for brain supplement draw $152 million penalty from FTC
More evidence that the FTC is watching closely how marketers are using advertising to boost sales while leading the public astray…
Distributors of dietary supplement Procera AVH have been issued a judgment of more than $150 million in a federal lawsuit for falsely advertising the product’s ability to restore memory loss and improve brain function, according to documents filed in Santa Ana’s federal courthouse.
The settlement, filed July 1, said the distributors violated sections of Federal Trade Commission rules that prohibit “unfair or deceptive acts or practices” in commerce.
“The defendants in this case couldn’t back up their claims that Procera AVH would reverse age-related mental decline and memory loss,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Be skeptical of ads promising quick and easy cures.”
Advertisements for Procera AVH, which included infomercials and direct mail ads, falsely claimed the pills were clinically proven to reverse 10 to 15 years of age-related memory loss and brain deterioration as well as improve concentration, focus, mental clarity and mood.
“If you have ever dreamed of traveling back in time, this drug-free compound may be the next best thing,” reads a print ad for the supplement, one of seven advertisements submitted as evidence in court. “Just like a good pair of glasses can make blurry vision sharp and crystal clear, Procera AVH can do the same thing for your brain!”
These and other claims are false, misleading and unfounded, the FTC stated in its complaint.
Though the U.S. Food and Drug Administration requires sellers to verify products are safe and properly labeled, supplements do not undergo the same strict evaluation as drugs and therefore do not follow the same regulations.
The $33 billion industry has come under scrutiny in recent months as label authenticity and reliability have often been called into question.
The FTC also accused Procera AVH distributors of “unsubstantiated expert endorsement claims” by George Reynolds, BRL founder and chief science officer.
Reynolds appeared in Procera AVH advertisements and referred to a clinical study with insufficient scientific backing.
Image by xxplumcrazeexx via Flickr
In addition to the monetary settlement, the commission is requiring all false advertising for Procera AVH to cease as well as subjecting distributors to FTC compliance monitoring.
Contact the writer: balmada@ocregister.com
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