FTC’s proposed order stops marketers from continuing to promote supplements using baseless health claims
March 19, 2022
Two Texas-based companies and their owner are banned from advertising or selling dietary supplements and claiming their products treat, cure or reduce the risk of disease, under a proposed settlement with the Federal Trade Commission.
The action announced today stems from an administrative complaint filed by the FTC in November 2020 against Health Research Laboratories, LLC, Whole Body Supplements, LLC and their owner and officer Kramer Duhon. The complaint alleged that the respondents made unsubstantiated claims that their supplements – The Ultimate Heart Formula (UHF), BG18 and Black Garlic Botanicals – prevented or treated cardiovascular and other diseases, and that their Neupathic supplement cured, mitigated or treated diabetic neuropathy.
“This order barring supplement industry respondents should end their long history of baseless claims that their products can treat various illnesses,” said Samuel Levine, Director of the FTC’s Consumer Protection Bureau. . “People with serious health conditions should trust their healthcare professionals, not advertisements.”
The 2020 administrative complaint was filed after a federal district court judge denied an FTC motion to find the defendants in contempt for violating a prior settlement order with the FTC and the state of Maine.
The Commission’s vote to accept the proposed consent agreement was 4-0. The FTC will soon publish a description of the set of consent agreements in the Federal Register. The agreement will be subject to public comment for 30 days, after which the Commission will decide whether to make the proposed consent order final. Instructions for submitting comments are in the published notice. Comments must be received 30 days after publication in the Federal Register. Once processed, comments will be posted on Regulations.gov.
REMARK: When the Board makes a consent order final, it has the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $46,517.
The Federal Trade Commission works to promote competition and to protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs, and subscribe to press releases for the latest FTC news and resources.
Share this story!