FTC imposes $6.5 million penalty on supplement outliers for making false claims
FTC imposes $6.5 million penalty on supplement outliers for making false claims
The FTC and State of Maine charged all nine defendants with making false and misleading claims about the supplements CogniPrin and FlexiPrin. The claims include that CogniPrin reverses mental decline by 12 years; improves memory by 44%; and improves memory in as little as three weeks and is clinically proven to improve memory. For FlexiPrin Synergixx advertised it reduces joint and back pain, inflammation and stiffness in as little as two hours; rebuilds damaged joints and cartilage; and has been clinically proven to reduce the need for medication in 80% of users and to reduce morning joint stiffness in all users.
According to the complaint, Synergixx and Fusco promoted CogniPrin and FlexiPrin through 30-minute radio ads that were deceptively formatted to sound like educational talk shows. The complaint also alleges that Synergixx and Fusco created inbound call scripts that deceptively claimed that consumers could try the supplements “risk-free” with an unconditional 90-day money-back guarantee, without disclosing requirements for obtaining refunds and making product returns.
The complaint also alleges that the defendants failed to disclose that consumers would have to enroll in an auto-ship continuity plan to qualify for the “risk-free” trial offer, and would have 14 days or less to try the products. It also charges Synergixx and Fusco with failing to make important disclosures when they “up-sold” consumers negative option buying clubs and discount medical programs with ongoing fees, charging many consumers for poorly disclosed auto-ship continuity plans they did not want.
In addition, Jahner, whom defendants presented as an objective medical expert, was charged with providing endorsements without examining the products or exercising his represented expertise. The defendants also allegedly failed to disclose that he was paid a percentage of FlexiPrin and CogniPrin sales revenues.
Read full article and learn more about Deceptive Advertising here.
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Disclaimer: This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.
