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[Pangwall]

[*quote*]
Consumer Health Digest #23-16
April 16, 2023

Consumer Health Digest is a free weekly e-mail newsletter edited by William M. London, Ed.D., M.P.H
http://www.calstatela.edu/faculty/william-m-london
., with help from Stephen Barrett, M.D
http://www.quackwatch.org/10Bio/bio.html
. It summarizes scientific reports; legislative developments; enforcement actions; news reports; Web site evaluations; recommended and nonrecommended books; and other information relevant to consumer protection and consumer decision-making. Its primary focus is on health, but occasionally it includes non-health scams and practical tips. To subscribe, click here
http://lists.quackwatch.org/mailman/listinfo/chd_lists.quackwatch.org

###
Hundreds of companies cautioned about unsubstantiated health-product claims

The Federal Trade Commission (FTC) has sent notices
https://www.ftc.gov/system/files/ftc_gov/pdf/Sample-cover-letter-substantiaton.pdf
to approximately 670 marketers of over-the-counter drugs, homeopathic products, dietary supplements, and functional foods. The notices indicated that they did not reflect any assessment as to whether the recipients have engaged in deceptive or unfair conduct. However, they warned that the recipients should avoid deceiving consumers with advertisements that make unsubstantiated product claims and said that the FTC will not hesitate to use its authority to hand violators large civil penalties. The notices refer to the FTC staff’s recently issued “Health Products Compliance Guidance.”
https://www.ftc.gov/business-guidance/resources/health-products-compliance-guidance
[FTC warns almost 700 marketing companies that they could face civil penalties if they can’t back up their product claims
https://www.ftc.gov/news-events/news/press-releases/2023/04/ftc-warns-almost-700-marketing-companies-they-could-face-civil-penalties-if-they-cant-back-their
. FTC press release, April 13, 2023]
The notices outline specific unlawful acts and practices, including:

failing to have a reasonable basis consisting of competent and reliable evidence for objective product claims
failing to have competent and reliable scientific evidence to support health or safety claims
failing to have at least one well-controlled human clinical trial to support claims a product is effective in curing, mitigating, or treating a serious disease
misrepresenting the level or type of substantiation for a claim
misrepresenting a product by stating that it has been scientifically or clinically proven
The notices were sent with a copy of a previously approved notice of penalty offenses regarding the use of endorsement and testimonials
https://www.ftc.gov/enforcement/notices-penalty-offenses/penalty-offenses-concerning-endorsements
. The offenses include:

falsely claiming an endorsement by a third party
misrepresenting whether an endorser is an actual, current, or recent user
using an endorsement to make deceptive performance claims
failing to disclose an unexpected material connection with an endorser
misrepresenting that the experience of endorsers represents consumers’ typical or ordinary experience

###
The Bountiful Company must pay $600K for supplement product “review hijacking”

The Federal Trade Commission (FTC) has approved a final consent order
https://www.ftc.gov/system/files/ftc_gov/pdf/222-3019-The-Bountiful-Company-final-consent-without-signatures.pdf
against The Bountiful Company for abusing a feature of Amazon.com to deceive consumers into thinking that its newly introduced supplements had more product ratings and reviews, higher average ratings, and “#1 Best Seller” and “Amazon’s Choice” badges. The final order (a) requires Bountiful to pay $600,000 as monetary relief for consumers, and (b) prohibits deceptive review tactics that distort what consumers think about its products or services. The FTC’s February 2023 complaint
https://www.ftc.gov/news-events/news/press-releases/2023/02/ftc-charges-supplement-marketer-hijacking-ratings-reviews-amazoncom-using-them-deceive-consumers
alleged that by manipulating Amazon.com product pages, Bountiful misrepresented the reviews, the number of Amazon reviews and the average star ratings of some products, and that some of them were number one best sellers or had earned an Amazon Choice badge. The case against Bountiful marked the FTC’s first law enforcement challenging “review hijacking,” in which a marketer steals or repurposes reviews of another product.
[FTC approves final order against The Bountiful Company in first case alleging hijacking of online product reviews.
https://www.ftc.gov/news-events/news/press-releases/2023/04/ftc-approves-final-order-against-bountiful-company-first-case-alleging-hijacking-online-product
FTC press release, April 10, 2023]

###

Science advocate scrutinizes Andrew Huberman’s supplement hype.

The Huberman Lab podcast is hosted by Professor Andrew Huberman, a neuroscientist at Stanford University School of Medicine. His YouTube channel, which has over three million subscribers, offers more than 100 podcasts, many of which include questionable dietary supplement recommendations. While acknowledging that Huberman is good at explaining complicated neurobiology, Jonathan Jarry reports:
the podcast’s sponsors have included a company offering dietary supplement products of questionable value, a company offering pricey DNA testing that includes questionable health advice, and a company offering personalized “smart drugs” based on online quiz results
Huberman recommends the herb ashwagandha for its “profound effect on anxiety,” despite the herb having “suspected potential for worsening autoimmune conditions and causing miscarriages
https://medlineplus.gov/druginfo/natural/953.html
, and, like most adaptogens
ttps://www.mcgill.ca/oss/article/covid-19-critical-thinking/problems-adaptogens
, has been poorly studied”
Huberman says myo-inositol, a type of sugar, is useful for sleep, anxiety, and female fertility, but that claim is contradicted by a meta-analysis of four trials and two Cochrane reviews
[Jarry J. Andrew Huberman has supplements on the brain
https://www.mcgill.ca/oss/article/critical-thinking-health-and-nutrition/andrew-huberman-has-bad-case-supplement-brain
. McGill Office for Science and Society, April 7, 2023]

###
TruHeight advertising criticized

TruthInAdvertising.org (TINA.org) has issued an ad alert about TruHeight that claims its “height growth vitamins” can help your kid grow tall—or your money back.
[TruHeight
https://truthinadvertising.org/articles/truheight/
. TINA.org, March 15, 2023]

The alert warns:

the company’s website offers positive testimonials but no scientific studies to support its claims
its products are recommended for children at ages before they are likely to have a puberty-related growth spurt
the refund and return policy
https://truthinadvertising.org/wp-content/uploads/2023/03/TruHeight-Subscriptions-and-Money-Back-Guarantee-Policy.png
for the “6 Month Money Back Guarantee”
https://truthinadvertising.org/wp-content/uploads/2023/03/TruHeight-six-month-money-back-guarantee.png
requires “six continuous months” of product use “between ages 10 and below 18 years old” and a doctor’s note “to provide height measurements before and after use”
TruHeight pushes auto-renewing subscriptions without adequate disclosures
TruHeight claims
https://truthinadvertising.org/wp-content/uploads/2023/03/TruHeight-FAQ-v.png
in an FAQ that its products are “manufactured in an FDA approved facility,” but FDA does not approve facilities
https://www.fda.gov/consumers/consumer-updates/it-really-fda-approved

###

Anti-multilevel marketing declaration issued

Multilevel marketing (MLM)
https://quackwatch.org/mlm/
critic Robert L. FitzPatrick has issued an “Anti-MLM Declaration” that argues:

*** MLM is not “business” or “direct selling”

*** the use of business terminology for MLMs is inappropriate and misleading

*** MLMs are essentially identical; MLM product-transactions launder money-transfers and disguise MLM as direct selling
Multi-level marketing is a destructive cult

*** U.S. law enforcement policy toward MLM is unfounded, perpetuates harm, and must be changed.

[FitzPatrick R. What MLM is, and what to do about it
https://www.pyramidschemealert.org/what-mlm-is-and-what-to-do-about-it/
. Pyramid Scheme Alert, April 10, 2023]

==================

Stephen Barrett, M.D.
Consumer Advocate
7 Birchtree Circle
Chapel Hill, NC 27517

Telephone: (919) 533-6009

http://www.quackwatch.org (health fraud and quackery)
[*/quote*]



https://www.ftc.gov/system/files/ftc_gov/pdf/Sample-cover-letter-substantiaton.pdf

[*quote*]
UNITED STATES OF AMERICA
Federal Trade Commission
WASHINGTON, D.C. 20580
Division of Advertising Practices
April 13, 2023
Via Federal Express
[NAME]
Re:
Notices of Penalty Offenses

Dear [NAME]:

I am enclosing a Notice of Penalty Offenses Concerning Substantiation of Product
Claims (“Substantiation Notice”) and a Notice of Penalty Offenses Concerning Deceptive or
Unfair Conduct around Endorsements and Testimonials (“Endorsement Notice”). We
recommend that you carefully review both notices and take any steps necessary to ensure that
your company’s practices do not violate the law.
Receipt of a notice of penalty offenses puts your company on notice that engaging in
conduct described therein could subject the company to civil penalties of up to $50,120 per
violation. See 15 U.S.C. § 45(m)(1)(B).
Each notice consists of Commission determinations in prior litigated cases that certain
practices are deceptive or unfair and, thus, are unlawful under Section 5 of the Federal Trade
Commission Act.
As set forth in more detail in the Substantiation Notice, such unlawful acts and practices
include failing to have adequate support for: objective product claims; claims relating to the
health benefits or safety features of a product; or claims that a product is effective in the cure,
mitigation, or treatment of any serious disease. These unlawful acts and practices also include:
misrepresenting the level or type of substantiation for a claim, and misrepresenting that a product
claim has been scientifically or clinically proven.
As set forth in more detail in the Endorsement Notice, such unlawful acts and practices
include: falsely claiming an endorsement by a third party; misrepresenting that an endorsement
represents the experience or opinions of product users; misrepresenting that an endorser is an
actual, current, or recent user of a product or service; continuing to use an endorsement without
good reason to believe that the endorser continues to hold the views presented; using an
endorsement to make deceptive performance claims; failing to disclose an unexpected material
connection with an endorser; and misrepresenting that the experience of endorsers are typical or
ordinary. Note that positive consumer reviews are a type of endorsement, so such reviews can be
unlawful if they are fake or if a material connection is not adequately disclosed.

[NAME]
April 13, 2023
Page 2 of 2

We request that you distribute copies of the notices and this letter to your subsidiaries.
This letter does not reflect any assessment as to whether you have engaged in deceptive
or unfair conduct. We are distributing similar letters to numerous other companies.
Copies of the case decisions discussed in the Substantiation Notice are available on the
Commission’s website at www.ftc.gov/substantiation-notice. Copies of the case decisions
discussed in the Endorsement Notice are available on the Commission’s website at
http://www.ftc.gov/endorsement-notice-penalty-offenses.

For further information on the marketing of health-related products, please see FTC
staff’s “Health Products Compliance Guidance,” available at www.ftc.gov/healthcompliance.
If you have any questions about this letter or the enclosed materials, please contact
Christine DeLorme at cdelorme@ftc.gov or (202) 326-2095 or Michael Ostheimer at
mostheimer@ftc.gov or (202) 326-2699.
Very truly yours,
Serena Viswanathan
Associate Director
[*/quote*]



https://www.ftc.gov/news-events/news/press-releases/2023/04/ftc-warns-almost-700-marketing-companies-they-could-face-civil-penalties-if-they-cant-back-their

[*quote*]
An official website of the United States government

For Release
FTC Warns Almost 700 Marketing Companies That They Could Face Civil Penalties if They Can’t Back Up Their Product Claims
April 13, 2023

Tags:

    Consumer Protection Bureau of Consumer Protection Advertising and Marketing Online Advertising and Marketing

The Federal Trade Commission is putting hundreds of advertisers on notice that they should avoid deceiving consumers with advertisements that make product claims that cannot be backed up or substantiated. In notices sent to the companies, the FTC warned that it will not hesitate to use its authority to target violators with large civil penalties.

Under FTC law, companies must back up claims about what their product can do with reliable evidence. If a company makes a claim about the health or safety benefits of a product, that claim must be based on scientific evidence. If a company claims that its product can cure, mitigate, or treat a serious disease such as cancer or heart disease, it must back up that claim through the accepted standards of scientific testing.

“The requirement for advertisers to have adequate support for their advertising claims at the time they’re made is a bedrock principle of FTC law,” said Sam Levine, Director of the FTC’s Bureau of Consumer Protection. “The prospect of steep civil penalties will help ensure that advertisers don’t play fast and loose with the truth.”

While the FTC has long history of providing guidance on advertising substantiation, through both litigated cases and policy statements, many sellers continue to make unsubstantiated claims about their products and false claims about the proof they have. Consequently, the FTC is now using its penalty offense authority to remind advertisers of the legal requirement to have a reasonable basis to support objective product claims and to deter them from making deceptive claims in the future.

By sending notices of penalty offenses to approximately 670 companies involved in the marketing of OTC drugs, homeopathic products, dietary supplements, or functional foods, the agency is placing them on notice they could incur significant civil penalties if they fail to adequately substantiate their product claims in ways that run counter to the litigated decisions of prior FTC administrative cases.

Notices of penalty offenses allow the agency to seek civil penalties -- up to $50,120 per violation -- against a company that engages in conduct that it knows has been found unlawful in a previous FTC administrative order, other than a consent order.

The notices outline specific unlawful acts and practices, including failing to have: 1) a reasonable basis consisting of competent and reliable evidence for objective product claims; 2) competent and reliable scientific evidence to support health or safety claims; and 3) at least one well-controlled human clinical trial to support claims that a product is effective in curing, mitigating, or treating a serious disease. The unlawful acts or practices also include: 1) misrepresenting the level or type of substantiation for a claim, and 2) misrepresenting that a product claim has been scientifically or clinically proven.

A full list of the businesses receiving the notice from the FTC
https://www.ftc.gov/system/files/ftc_gov/pdf/Published-list-Recipients.pdf
is available on the Commission’s website. A recipient’s inclusion on the list does not in any way suggest that it has engaged in deceptive or unfair conduct. Although the initial distribution of the notice is limited to those making or likely to make health claims, the notice is not limited to health claims and applies to any marketer making claims about the efficacy or performance of its products.

The letter to the recipients also provides them with a copy of a previously approved notice of penalty offenses regarding the use of endorsement and testimonials. That notice addresses falsely claiming an endorsement by a third party; misrepresenting whether an endorser is an actual, current, or recent user; using an endorsement to make deceptive performance claims; failing to disclose an unexpected material connection with an endorser; and misrepresenting that the experience of endorsers represents consumers’ typical or ordinary experience.

Finally, the letters suggested that the recipients consult FTC staff’s recently issued “Health Products Compliance Guidance.”

The March 31, 2023, Commission vote to approve the substantiation notice and authorize the distribution of both notices was 3-1, with then-Commissioner Christine S. Wilson voting no and issuing a separate statement on her final day as a Commissioner. Commissioner Rebecca Kelly Slaughter issued a statement, joined by Chair Lina M. Khan and Commissioner Alvaro Bedoya. The primary staffers in this matter were Michael Ostheimer and Christine DeLorme in the FTC’s Bureau of Consumer Protection.

The Federal Trade Commission works to promote competition and protect and educate consumers. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.

Press Release Reference
FTC Puts Hundreds of Businesses on Notice about Fake Reviews and Other Misleading Endorsements
Contact Information
Media Contact
Mitchell J. Katz
Office of Public Affairs
202-326-2161

Related actions
Statement of Commissioner Rebecca Kelly Slaughter Joined by Chair Lina Khan and Commissioner Alvaro M. Bedoya Regarding the Issuance of a Notice of Penalty Offenses on Substantiation of Product Claims
Dissenting Statement of Commissioner Christine S. Wilson Regarding the Issuance of a Notice of Penalty Offenses on Substantiation of Product Claims
Related resources

Penalty Offenses Concerning Substantiation
For Businesses

    Office of Inspector General
    USA.gov
[*/quote*]


https://www.ftc.gov/system/files/ftc_gov/pdf/Published-list-Recipients.pdf

[*quote*]
List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning Substantiation of Product Claims
updated April 13, 2023

The fact that a company is on this list is NOT an indication that it has done anything wrong

4Life Research USA, LLC
4Life Trademarks, LLC
5310 Holdings, LLC
82 Labs, Inc.
A Nelson & Co. Ltd.
Abbott Laboratories
AbbVie Inc.
Activ Nutritional, LLC
ADM Protexin, Inc.
ADM Protexin Limited
Advanced Enzymes USA Inc.
Advanced Nutrition, Inc.
Advanced Micronutrition LLC
Advanced Protein Technology, LLC
Advantice Health, LLC
AdvoCare International, LLC
Aihu, Inc.
Alacer Corp.
Alaska Spring Pharmaceuticals Inc.
Alcon Inc.
Alcon Laboratories, Inc.
Alcon Vision LLC
Allergy Research Group LLC
Alliance in Motion Global Inc.
Alliance Pharma Inc.
Allysian Sciences Inc.
Almased USA, Inc.
AloeVeritas Americas,LLC
Alovéa, PBC
Alphay International Inc.
Amazon Herb Co.
Amazon.com, Inc.
American Biosciences, Inc.
American Health Formulations, Inc.
American Health Inc.
American Silver LLC
Amgen Inc.
AMS Health Sciences, LLC
Amway Corp.
Ancestral Supplements, LLC
Anovite, LLC
Anthology Brands, Inc.

Page 1 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

APAX OTC Business Development LLC
APAX USA Inc.
Applied Biological Laboratories Inc.
Apricot Power, Inc.
Arbonne International, LLC
Archer Daniels Midland Company
Archon Vitamin, LLC
Arieyl LLC
Aroga, Ltd.
Arthur Andrew Medical, Inc.
Asa Distribution Inc.
Asea, LLC
AstaReal Inc.
AstraZeneca Pharmaceuticals LP
AstraZeneca plc.
Atomy America Inc.
Atrium Innovations, Inc.
Au Naturel, Inc.
Avacare Medical LLC
Avanir Pharmaceuticals Inc.
Avena Botanicals, Inc.
Avrio Health L.P.
Ayush Herbs Inc.
B.F. Ascher & Company, Inc.
Balanced Health Botanicals, LLC
Balchem Corp.
Barrington Chemical Corp.
BASF Corp.
Basic Research, LLC
Bausch + Lomb Corporation
Bausch Health Companies, Inc.
Bayer Corp.
Bayer HealthCare LLC
Bayer U.S. LLC
Beauty Science Group, Inc.
Bel Marra Nutritionals Inc.
BellRing Brands, Inc.
Benedictine Herbs, LLC
BeneYOU, LLC
B-Epic Worldwide LLC
Berry.En AG
bHIP Global, Inc.

Page 2 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

Bighorn Botanicals, Inc.
Bio Nutrition, Inc.
Bio-Botanica, Inc.
BIO-CAT Inc.
BioAmicus Laboratories Inc.
BioCell Technology, LLC
Biomic Sciences, LLC
BiOptimizers USA Inc.
BioRay, Inc.
Biotivia Health LLC
Biotivia LLC
Biotron Laboratories, Inc.
Bluebonnet Nutrition Corp.
Blueroot Health, Inc.
Bode Pro, Inc.
Body Wise International LLC
Boiron, Inc.
Bonvera, LLC
Boomer Natural Wellness Inc.
Bragg Live Food Products, LLC
Brain Armor Inc.
Brainjuice LLC
Brassica Protection Products LLC
Bridges Consumer Healthcare, LLC
Bristol-Myers Squibb Company
Brodicol Products LLC
Bucklebury LLC
Cal-India Foods International, Inc.
Canopy Growth USA, LLC
Cargill, Inc.
Carotec, Inc.
Carte Blanche WCA, Inc.
Catalo Natural Health USA, Inc.
CBDistillery, LLC
cbdMD, Inc.
Cebria, LLC
Cedar Bear Naturales, Inc.
Century Systems Inc.
Chaban Wellness LLC
Changing The Future Outcome, Inc.
Charlotte’s Web, Inc.
Cheers Health, Inc.

Page 3 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

Chenland Nutritionals, Inc.
ChromaDex, Inc.
Church & Dwight Co. Inc.
Clarke, Murray C./ChildLife Essentials
Classical Pearls, LLC
Clef des Champs Inc.
Code Red Fitness & Nutrition, LLC
Combe Incorporated
Compound Solutions, Inc.
Constance Therapeutics, Inc.
Continental Vitamin Company, Inc.
CorVive, LLC
Coseva, Inc.
Costco Wholesale Corp.
Country Life, LLC
Crescendo Marketing Group, Inc.
Cronos Group Inc.
CS Health LLC
Cultivate Biologics, LLC
CuraLife Ltd.
CV Sciences, Inc.
CVS Pharmacy, Inc.
Cyanotech Corp.
Cypress Systems Inc.
DailyColors Health Inc.
Daiwa Health Development Inc.
Dakota Nutrition, Inc.
Danone North America, LLC
Deerland Enzymes, Inc.
Designs for Health, Inc.
Diem Direct, LLC
Direct Digital, LLC
Doctor’s Signature Sales and Marketing International Corp.
doTERRA International, LLC
Dr. Garrett Wdowin, NMD
Dr. Pharm USA, Inc.
Dr. Reddy’s Laboratories, Inc.
DSE Health Care Solutions, Inc.
DSM Nutritional Products, Inc.
Duane Reade Inc.
Dymatize Enterprises, LLC
Eby Sales International, Inc.

Page 4 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

EffiHealth, LLC
EirTree Health, LLC
Elevacity, U.S., LLC
Elomir Inc.
Elysium Health, Inc.
Emerald Labs, Inc.
Endoca BV
Energique, Inc.
Enhanced Immune, LLC
Eniva USA, Inc.
Enzymedica, Inc.
Epion Brands LLC
Essante Organics, Inc.
Essential Formulas Inc.
Etz Hayim Holdings, S.P.C.
EurArk LLC
EuroPharma, Inc.
Everest NeoCell LLC
Evig LLC
Evolution Nutraceuticals Inc.
Exeltis USA, Inc.
Fenix Health Science, LLC
Fermenta USA, LLC
First Capital Venture Co.
FirstFitness International, Inc.
Five Flavors Herbs, Inc.
Flora, Inc.
Flourish Life, LLC
Flow Health Services Incorporated
Flower Essence Services LLC
Focus Consumer Healthcare, LLC
FoodScience Corp.
FoodScience, LLC
FoodState, Inc.
ForeverGreen International, LLC
ForeverGreen Worldwide Corp.
Foundation Consumer Healthcare, LLC
Four Elements Organic Herbals LLC
FREZZOR Inc.
Friska LLC
Frunutta, LLC
Fulgent Life Inc.

Page 5 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

Full Circle Prenatal LLC
Full Life Direct LLC
Fuxion Biotech USA Corp.
Gaia Herbs, Inc.
Ganeden Biotech, Inc.
Garden of Life, LLC
Gebauer Company
Gemini Network LTD
Gemini Pharmaceuticals, Inc.
General Mills, Inc.
Genomma Lab USA Inc.
Geocann, LLC
Gerber Products Company
Gilad&Gilad LLC
Ginco International Inc.
GlaxoSmithKline LLC
GNC Holdings, Inc.
GNC Holdings, LLC
GNLD International LLC
Goli Nutrition Inc.
Goop Inc.
Great HealthWorks, Inc.
Green Compass, Inc.
Green Foods Corp.
Green HoriZen LLC
Green Organics, LLC
Green Roads, Inc.
GreenPeach
GSK plc.
Guardion Health Sciences Inc.
Guna, Inc.
GVM Associates Inc.
Hahnemann Laboratories, Inc.
Haleon plc
Hawkins, Inc.
Healright, Inc.
Health King Enterprise & Balanceuticals Group, Inc.
HealthAid America, Inc.
Healthy Directions, LLC
Heart & Body Naturals, LLC
Heil Ginseng Enterprises, Inc.
Hello Life, Inc.

Page 6 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

HempFusion, Inc.
Herb Pharm, LLC
Herbalife International of America, Inc.
Herbalife International, Inc.
Herbalist & Alchemist, Inc.
Herbion International, Inc.
Herbion USA Inc.
Herbs, Etc., Inc.
Hermes Pharma GmbH
Himalaya Global Holdings Ltd.
Himalaya Wellness Company
Hisamitsu America Inc.
HLNatural, Inc.
Home Health Products LLC
Honest Globe, Inc.
Houston Nutraceuticals, Inc.
How International LLC
HRA Pharma America Inc.
HUM Nutrition, Inc.
HVL-Well, LLC
Hyalogic LLC
Hypernaturals Inc.
Icaro Innovations Corp.
i-Health, Inc.
IMCD US, LLC
Immunotec Research Inc.
IMoney Tools LLC
iMov, LLC
Indena USA, Inc.
Indus Botanicals Inc.
Infirst Healthcare Inc.
Ingenia Natural Products Inc.
INID Research Lab, LLC
Innophos Holdings, Inc.
Innovix Pharma, Inc.
Insight Pharmaceuticals LLC
Integrative Therapeutics, LLC
Iovate Health Sciences International Inc.
IP Reserve, LLC
IP-6 International, Inc.
Isagenix International LLC
Isagenix Worldwide, Inc.

Page 7 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

Isxperia, LLC
It Works Marketing, Inc.
J.R. Carlson Laboratories, Inc.
Jamieson Wellness Inc.
Janssen Pharmaceuticals Inc.
Jarrow Formulas, Inc.
Jeunesse Global Holdings, LLC
Johnson & Johnson Consumer Inc.
Johnson & Johnson Inc.
Johnson & Johnson Pte. Ltd.
Joy of Health - Terri Alkayali
Kaneka Americas Holding, Inc.
Kaneka North America LLC
Kannaway USA, LLC
Kellogg Company
Kelly Products, Inc.
Kemin Industries, Inc.
Kerry Group plc
King Bio, Inc.
Komal Herbals Inc.
Korea Ginseng Corp
Kroeger Herb Products Co., Inc.
KWB, Inc.
Kyowa Hakko, U.S.A., Inc.
L&R Health Products, LLC
L.O.D.C., Inc.
LaCore Enterprises, LLC
Lactalis American Group, Inc.
Lactalis Retail Dairy, Inc.
Lang Pharma Nutrition Inc.
Lansinoh Laboratories, Inc.
Legion Athletics, Inc.
Lemme Inc.
Le-Vel Brands LLC
Life Extension Foundation Buyers Club, Inc.
Life Extension Foundation, Inc.
Life Line Foods, LLC
LifePlus International
LifeSeasons, Inc.
Lightbody, LLC
Lil’ Drug Store Products, Inc.
Liquid I.V.

Page 8 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

Llama Naturals, Inc.
Longevity by Nature, Inc.
Lornamead, Inc.
Luna Pharmaceuticals, Inc.
M2 Ingredients, Inc.
M3 Ventures West, Inc.
MacroLife Naturals, Inc.
Magi Group
Maharishi Ayurveda Products International Inc.
Make People Better, LLC
Mando International LLC
Manna International Corp.
Mannatech, Inc.
Manzo Pharmaceuticals, LLC
Mason Vitamins, Inc.
Matherson Organics LLC
Matsun Nutrition, Inc.
Maty’s Healthy Products, LLC
Max International, LLC
Mayway Corporation
Medical Marijuana, Inc.
Medifast, Inc.
Mediral International Inc.
Medtech Products Inc.
Medterra CBD, LLC
Melaleuca Inc.
Mellitas Health Foods, LLC
Merck & Co., Inc.
MeriCal, LLC
Metabolic Maintenance Products, Inc.
Metagenics, Inc.
Microbe Formulas, LLC
Mimi’s Rock Corp.
Mimi’s Rock Inc.
Mineralife Nutraceuticals, LLC
Mommy’s Bliss Inc.
Monarch Nutraceuticals, Inc.
Monat Global Corp.
Motherlove Herbal Company
Mountain Meadow Herbs, Inc.
MRO Maryruth, LLC
Mushroom Wisdom, Inc.

Page 9 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

myEcon, Inc.
Natals, Inc.
Natreon Inc.
Natrol, LLC
Natura Health Products, Inc.
Natural Factors Nutritional Products, Inc.
Natural Factors Nutritional Products Ltd.
Natural Health Trends Corp.
Natural Hope Herbals LLC
Natural Immunogenics Corp.
Natural Organics Inc.
Natural Path/Silver Wings, LLC
Naturalife Eco Vite Labs., Inc.
NaturaNectar LLC
Nature’s Bounty (NY) Inc.
Nature’s Way Products, LLC
Nature’s Answer, LLC
Nature’s Formulary, LLC
Nature’s Fusions, LLC
Nature’s Sunshine Products, Inc.
Nature’s Truth, LLC
NB Pure, LLC
Nelson Bach USA Ltd.
NeoLife International, LLC
Nestlé HealthCare Nutrition, Inc.
Neuropathy Treatment Group LLC
New Chapter, Inc.
New Nordic U.S., Inc.
New U Life Corp.
NewAge, Inc.
Nexus Formulas LLC
Nikken Inc.
Ninja International USA Inc.
Noevir U.S.A., Inc.
Noho Health Inc.
Nomolotus, LLC
Norax Supplements LLC
Nordic Naturals, Inc.
Nordic Organics, Inc.
Novartis Pharmaceuticals Corp.
Novozymes North America Inc.
Novus International, Inc.

Page 10 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

NOW Health Group, Inc.
Nox Nutrients LLC
NS 360, Inc.
NTTM, LLC
Nu Skin International, Inc.
NU U Nutrition, Ltd.
NuLeaf Naturals, LLC
NuLiv Science USA, Inc.
NutraBrands, Inc.
Nutraceutical Corporation
Nutraceutical International Corporation
NutraMarks, Inc.
Nutranext, LLC
NutraPure, Inc.
Nutrawise Corp.
Nutrawise Health & Beauty Corporation
Nutrex Hawaii, Inc.
Nuvomed, Inc.
Ojai Energetics LLC
OLLY Public Benefit Corporation
OmniActive Health Technologies, Inc.
Omnitrition International, Inc.
Onnit Labs, Inc.
Open Book Extracts, LLC
Optavia LLC
Optimum Nutrition, Inc.
Oregon’s Wild Harvest, Inc.
Orenda International, LLC
Organic By Nature Inc.
Organic India USA, LLC
OrganiCare, LLC
Ortho Molecular Products, Inc.
Otsuka America Pharmaceutical, Inc.
OXO Worldwide Inc.
OXOgenix International Ltd.
Pain Drink, Inc.
Papa & Barkley Essentials, LLC
Pearl Banyan Capital LLC
Pelame Inc.
Pendulum Therapeutics, Inc.
PepsiCo, Inc.
Perrigo Company plc

Page 11 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

Pfizer Inc.
PharmaCare U.S., Inc.
Pharmavite LLC
Physicians Exclusive, LLC
PipingRock Health Products, LLC.
Plexus Worldwide, LLC
PLx Pharma, Inc.
PM-International AG
PM-International Nutrition & Cosmetics Inc.
PM-International USA LLC
POM Wonderful, LLC
Poofy Organics LLC
PotNetwork Holdings, Inc.
PrecisionBiotics Ltd.
Precision Patient Outcomes, Inc.
Premier Nutrition Company, LLC.
Prestige Consumer Healthcare Inc.
Prevention, LLC
Primal Harvest LLC
ProHealth Inc.
ProThera Inc.
Provezza Health, LLC
Pruvit Ventures, Inc.
Purdue Pharma L.P.
Pure Encapsulations, LLC
Pure Herbs, Ltd.
Purest Colloids Inc.
Puritan’s Pride Inc.
Purity Products
QH Holdings Oregon Inc.
QOL Labs, LLC
QPD IP, LLC
Qualitas Health, Inc.
Quality Supplements and Vitamins, Inc.
QuattroMega Inc.
Quicksilver Scientific, Inc.
Quten Research Institute, LLC
Radhanite, LLC
Radiant Supplements, Inc.
Rain International, LLC
Rally Labs LLC
Randob Labs, Ltd.

Page 12 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

RB Health (US) LLC
Real Deal Natural Health LLC
Reckitt Benckiser Group plc
Reckitt Benckiser LLC
Red Ace LLC
Red Ace Organics, Inc.
Redcon1, LLC
Redd Remedies, Inc.
Reese Chemical Company
Reliance Private Label Supplements
Renew Life Formulas, LLC
Resbiotic, Inc.
Reset Bioscience LLC
Resinosa LLC
Rexall Sundown, Inc.
RF3 World USA Inc.
RidgeCrest Herbals, Inc.
Rite Aid Corporation
Ron Teeguarden Enterprises, Inc.
Root Wellness LLC
Royal Purity Inc.
RTPR LLC
Sagely Enterprises Inc.
Sandland National, LLC
Sanofi-Aventis U.S. LLC
Santa Cruz Nutritionals Investors LLC
Sato Pharmaceutical Inc.
SBI Holdings LLC
SBS Americas Inc.
Schwabe North America, Inc.
Seacret Direct, LLC
Sequel Natural Ltd.
Sevene USA Corporation
Shaklee Corp.
Shaman Botanicals LLC
Siberian Health International, LLC
Siddha Flower Essences LLC
SilverCeuticals Inc.
Similasan Corp.
Sisel International, LLC
SloIron, Inc.
Solgar, Inc.

Page 13 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

Solle Naturals, LLC
SPC Wellness LLC
Spero Industries, LLC
Sports Research Corp.
SPX Nutrition LLC
St. Francis Herb Farm Inc.
Standard Homeopathic Company
Standard Process, Inc.
Stauber Performance Ingredients, Inc.
StellaLife, Inc.
Strides Consumer LLC
Strides Phrama, Inc.
Suan Farma SA
Suan Farma, Inc.
Sun Chlorella USA Corp.
Sun Genomics, Inc.
Sunwarrior Ventures, LLC
Supreme Protein, LLC
SwissJust Corp.
Synergy CHC Corp.
Taisho Pharmaceutical California Inc.
Taro Pharmaceuticals U.S.A., Inc.
Taste Salud, LLC
Teami LLC
Teelah Corp.
Teelah Health Corp.
Terra Flora Gardens, Inc.
The Bigelow Tea Company
The Bountiful Company
The Clorox Company
The Coca-Cola Company
The Coromega Company
The Ester C Company
The Happy Co., LLC
The Health Network Inc.
The Honest Company, Inc.
The Juice Plus+ Company, LLC
The Kraft Heinz Company
The Lubrizol Corporation
The Mentholatum Company
The Procter & Gamble Company
The Sunrider Corp.

Page 14 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

The Wakaya Group LP
Therabotanics Supplements, LLC
Think Goodness, LLC
Thorne HealthTech, Inc.
Tishcon Corp.
Total Life Changes, LLC
Touchstone Life Essentials, Inc.
Trace Minerals Research, L.C
Travalight LLC
Trevo LLC
Trident Brands, Inc.
Trilogie, LLC
Triumph Pharmaceuticals, Inc.
Trividia Manufacturing Solutions, Inc.
TriVita, Inc.
TruVision Health, LLC
Twinlab Consolidation Corporation
UClue, Inc.
UltraBotanica, LLC
Unicity International, Inc.
Unilever PLC
Unilever United States, Inc.
United States Nutrition Inc.
Univera, Inc.
Uqora, Inc.
Usana Health Sciences, Inc.
Valentus Inc.
Vasayo LLC
VAYA Pharma Inc.
Verified Nutrition LLC
VH Nutrition LLC
Vida Divina Worldwide Inc.
Vida Lifescience, LLC
Vidya Herbs Inc.
Viiva Global, LLC
Visi Company
Vitadollar, Inc.
vitafive, LLC
Vital Proteins LLC
Vitalize, LLC
Vitamin Bounty Ventures, Inc.
Vitamin Friends, LLC

Page 15 of 16  List of April 2023 Recipients of the FTC’s Notice of Penalty Offenses Concerning
Substantiation of Product Claims
updated April 13, 2023
The fact that a company is on this list is NOT
an indication that it has done anything wrong

Vitamin Packs, Inc.
Vitamin Shoppe Industries Inc.
Vitamin Shoppe Industries LLC
Vitanica, LLC
Viva Life Science, Inc.
Vive Mood LLC
Vizuri Health Sciences Consumer Healthcare, Inc.
Vollara, LLC
Vytalogy Wellness, L.L.C.
Wakunaga of America Co., Ltd.
Walgreen Company
Walgreens Boots Alliance, Inc.
Walmart Inc.
Wanae USA, LLC
Wellisen, Inc.
Wellisen Nutraceuticals
WellSpring Pharmaceutical Corp.
Wholesome Nutritionals, LLC
Wikaniko Ltd.
Wiley Organics, Inc.
Willow Bark Brands, Inc.
Windmill Health Products, LLC
Wink Well LLC
Wish Garden Herbs, Inc.
Woodbolt Distribution, LLC
World Organic Corp.
Wynlife Healthcare, Inc.
Xymogen, Inc.
Xyngular Corp.
Yerba Prima, Inc.
Yoli, Inc.
Young Living Essential Oils, LC
Youngevity International Corp
Youngevity International, Inc.
Your Superfoods Inc.
Zahav Nutrition
Zarbees, Inc.
ZeaVision LLC
Zhou Nutrition, Inc.
Zija International, Inc.
Zogena LLC
Zurvita, Inc.
Page 16 of 16 
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