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Consumer Health Digest #16-02
January 10, 2016
Consumer Health Digest is a free weekly e-mail newsletter edited by Stephen Barrett, M.D
http://www.quackwatch.org/10Bio/bio.html.,with help from William M. London, Ed.D., M.P.H
http://www.calstatela.edu/faculty/william-m-londonIt 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.
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FTC jolts “Brain Training" marketersThe creators and marketers of the Lumosity "brain training" program have agreed to settle Federal Trade Commission charges alleging that they deceived consumers with unfounded claims that Lumosity games can help users perform better at work and in school, and reduce or delay cognitive impairment associated with age and other serious health conditions.
[Lumosity to pay $2 million to settle FTC deceptive advertising charges for its "brain training" program
https://www.ftc.gov/news-events/press-releases/2016/01/lumosity-pay-2-million-settle-ftc-deceptive-advertising-chargesFTC news release, January 5, 2016]
As part of the settlement, Lumos Labs, the company behind Lumosity, will pay $2 million in redress, will notify subscribers of the FTC action, and provide an easy way to cancel their auto-renewal to avoid future billing. The Lumosity program included 40 games said to target and train specific areas of the brain. The company also claimed that using these games for 10 to 15 minutes three or four times a week could help users achieve their "full potential in every aspect of life." The co-founders of the company, Kunal Sarkar and Michael Scanlon, were also named as defendants.
According to the FTC complaint
https://www.ftc.gov/system/files/documents/cases/160105lumoslabscmpt.pdf:
*** The defendants falsely claimed training with Lumosity would (a) improve performance on everyday tasks, in school, at work, and in athletics, (b) delay age-related cognitive decline and protect against mild cognitive impairment, dementia, and Alzheimer's disease, and (c) reduce cognitive impairment associated with health conditions, including stroke, traumatic brain injury, PTSD, ADHD, the side effects of chemotherapy, and Turner syndrome.
*** The defendants failed to disclose that some consumer testimonials featured on the website had been solicited through contests that promised significant prizes.
*** Lumosity was widely promoted though TV and radio advertisements; emails, blog posts, social media, and on their website, Lumosity.com, and drove traffic to their Web site using Google AdWords with hundreds of keywords related to memory, cognition, dementia, and Alzheimer's disease.
*** The company sold subscriptions, with options ranging from monthly ($14.95) to lifetime ($299.95) memberships.
The proposed stipulated federal court order
https://www.ftc.gov/system/files/documents/cases/160105lumoslabsstip.pdfrequires the defendants to have competent scientific evidence before making future claims about any benefits for real-world performance, age-related decline, or other health conditions.
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“Detox" concepts debunkedPharmacist Scott Gravura has written an excellent article about "detoxification" fakes.
[Gravura S. The one thing you need to know before you detox
https://www.sciencebasedmedicine.org/the-one-thing-you-need-to-know-before-you-detox/Science-based Medicine Blog, Dec 31, 2015]
The article states:
Detox" is a legitimate medical term that has been co-opted to sell useless products and services. It is a fake treatment for a fake condition. Real detoxification isn't ordered from a menu at a juice bar, or assembled from supplies in your pantry. Real detoxification is provided in hospitals under life-threatening circumstances—usually when there are dangerous levels of drugs, alcohol, or other poisons in the body. Drugs used for real detoxification are not ingredients in a smoothie. What's being promoted today as "detox" is little different than eons-old religious rituals of cleansing and purification. Framing detoxification in religious terms won't have the appeal in a world that values science. So use the word "toxin," not sin, and call the ritual a "detox"— and suddenly you've given your treatment a veneer of what sounds scientific. . . .
There's no published evidence to suggest that detox treatments, kits or rituals have any effect on our body's ability to eliminate waste products effectively. They do have the ability to harm however—not only direct effects, like coffee enemas and purgatives, but they also distract and confuse people about how the body actually works and what we need to do to keep it healthy. "Detox" focuses attention on irrelevant issues, giving the impression that you can undo lifestyle decisions with quick fixes. Improved health isn't found in a box of herbs, a bottle of homeopathy, or a bag of coffee flushed into your rectum. The lifestyle implications of a poor diet, lack of exercise, smoking, lack of sleep, and alcohol or drug use cannot simply be flushed or purged away. Our kidneys and liver don't need a detox treatment. If anyone suggests a detox or cleanse to you, remember that you're hearing a marketing pitch for an imaginary condition.
Quackwatch offers additional details about "detoxification" schemes and scams
http://www.quackwatch.org/01QuackeryRelatedTopics/detox_overview.html###
Homeopathy declining in UK.The Nightingale Collaboration has described how the use of homeopathic products and services has been steadily declining in the United Kingdom. Its recent report notes:
Two of the five homeopathic hospitals and the homeopathic pharmacy at a third hospital have closed.
The number of prescriptions for homeopathy products has fallen steadily from about 170,000 in 1996 to about 10,000 in 2014.
The British Advertising Authority has clamped down on advertising claims and the Medicines & Healthcare products Regulatory Agency (MHRA) has attacked unlicensed product distribution.
The Collaboration has expressed hope that the MHRA will stop the marketing of products that have names similar to commonly recognized diseases or medicines.
[On a downward spiral
http://www.nightingale-collaboration.org/news/180-on-a-downward-spiral.htmlNightingale Collaboration Web site, Oct 22, 2015]
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Continuing request for help from Dr. BarrettIn June 2010, Doctor's Data, Inc. sued Dr. Barrett because it didn't like what he wrote about them on Quackwatch and in this newsletter. The events leading up to the suit are described at
http://www.quackwatch.org/14Legal/dd_suit.htmlIn November, 2011, about half of the allegations were dismissed, but discovery was permitted for more than a year. The rest of the suit is ripe for dismissal; and we are waiting for the judge to rule on a motion to dismiss that was argued 19 months ago. So far, the proceedings have cost hundreds of thousands of dollars. Even small donations, if sent by enough subscribers to this newsletter, will be very helpful. Contributions can be made by mail or through
http://www.quackwatch.org/00AboutQuackwatch/donations.html ###
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Stephen Barrett, M.D.
Consumer Advocate
Chatham Crossing, Suite 107/208
11312 U.S. 15 501 North
Chapel Hill, NC 27517
Telephone: (919) 533-6009
http://www.quackwatch.org/ (health fraud and quackery)
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https://www.ftc.gov/news-events/press-releases/2016/01/lumosity-pay-2-million-settle-ftc-deceptive-advertising-charges[*QUOTE*]
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News & Events » Press Releases » Lumosity to Pay $2 Million to Settle FTC Deceptive Advertising Charges for Its “Brain Training” Program
Lumosity to Pay $2 Million to Settle FTC Deceptive Advertising Charges for Its “Brain Training” ProgramCompany Claimed Program Would Sharpen Performance in Everyday Life and Protect Against Cognitive Decline
For Release
January 5, 2016
Lumosity logo, a brain inside a head with rays emanating from it
The creators and marketers of the Lumosity “brain training” program have agreed to settle Federal Trade Commission charges alleging that they deceived consumers with unfounded claims that Lumosity games can help users perform better at work and in school, and reduce or delay cognitive impairment associated with age and other serious health conditions.
As part of the settlement, Lumos Labs, the company behind Lumosity, will pay $2 million in redress
https://www.ftc.gov/system/files/documents/cases/160105lumoslabsstip.pdfand will notify subscribers of the FTC action and provide them with an easy way to cancel their auto-renewal to avoid future billing.
“Lumosity preyed on consumers’ fears about age-related cognitive decline, suggesting their games could stave off memory loss, dementia, and even Alzheimer’s disease,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “But Lumosity simply did not have the science to back up its ads.”
According to the FTC’s complaint,
https://www.ftc.gov/system/files/documents/cases/160105lumoslabscmpt.pdfthe Lumosity program consists of 40 games purportedly designed to target and train specific areas of the brain. The company advertised that training on these games for 10 to 15 minutes three or four times a week could help users achieve their “full potential in every aspect of life.” The company sold both online and mobile app subscriptions, with options ranging from monthly ($14.95) to lifetime ($299.95) memberships.
Lumosity has been widely promoted though TV and radio advertisements on networks including CNN, Fox News, the History Channel, National Public Radio, Pandora, Sirius XM, and Spotify. The defendants also marketed through emails, blog posts, social media, and on their website, Lumosity.com, and used Google AdWords to drive traffic to their website, purchasing hundreds of keywords related to memory, cognition, dementia, and Alzheimer’s disease, according to the complaint.
The FTC alleges that the defendants claimed training with Lumosity would
1) improve performance on everyday tasks, in school, at work, and in athletics;
2) delay age-related cognitive decline and protect against mild cognitive impairment, dementia, and Alzheimer’s disease; and
3) reduce cognitive impairment associated with health conditions, including stroke, traumatic brain injury, PTSD, ADHD, the side effects of chemotherapy, and Turner syndrome, and that scientific studies proved these benefits.
The complaint also charges the defendants with failing to disclose that some consumer testimonials featured on the website had been solicited through contests that promised significant prizes, including a free iPad, a lifetime Lumosity subscription, and a round-trip to San Francisco.
The proposed stipulated federal court order requires the company and the individual defendants, co-founder and former CEO Kunal Sarkar and co-founder and former Chief Scientific Officer Michael Scanlon, to have competent and reliable scientific evidence before making future claims about any benefits for real-world performance, age-related decline, or other health conditions.
The order also imposes a $50 million judgment against Lumos Labs, which will be suspended due to its financial condition after the company pays $2 million to the Commission. The order requires the company to notify subscribers who signed up for an auto-renewal plan between January 1, 2009 and December 31, 2014 about the FTC action and to provide a means to cancel their subscription.
The Commission vote authorizing the filing of the complaint and proposed stipulated order was 4-0, with Commissioner Julie Brill issuing a separate concurring statement.
https://www.ftc.gov/public-statements/2016/01/concurring-statement-commissioner-julie-brill-matter-lumos-lab-incThe FTC filed the complaint and proposed order in the U.S. District Court for the Northern District of California, San Francisco Division.
The FTC is a member of the National Prevention Council, which provides coordination and leadership at the federal level regarding prevention, wellness, and health promotion practices. This case advances the National Prevention Council’s goal of increasing the number of Americans who are healthy at every stage of life. This case is part of the FTC’s ongoing efforts to protect consumers from misleading health advertising.
NOTE:The Commission authorizes the filing of a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. A stipulated order has the force of law when signed by the district court judge.
The Federal Trade Commission works to promote competition,
https://www.ftc.gov/about-ftc/bureaus-offices/bureau-competitionand protect and educate consumers. You can learn more about how competition benefits consumers
https://www.ftc.gov/sites/default/files/attachments/competition-counts/zgen01.pdfor file an antitrust complaint.
https://www.ftc.gov/faq/competition/report-antitrust-violationLike the FTC on Facebook (link is external),
https://www.facebook.com/federaltradecommissionfollow us on Twitter (link is external),
https://twitter.com/FTCread our blogs
https://www.ftc.gov/news-events/blogs/competition-mattersand subscribe to press releases
https://www.ftc.gov/stay-connectedfor the latest FTC news and resources.
Contact Information
MEDIA CONTACT:
Mitchell J. Katz
Office of Public Affairs
202-326-2161
STAFF CONTACT:
Michelle Rusk
Bureau of Consumer Protection
202-326-3148
Related Cases
Lumos Labs, Inc. (Lumosity Mobile and Online Cognitive Game)
https://www.ftc.gov/enforcement/cases-proceedings/132-3212/lumos-labs-inc-lumosity-mobile-online-cognitive-gameRelated Actions
Concurring Statement of Commissioner Julie Brill In the Matter of Lumos Lab, Inc. (“Lumosity”), Kunal Sarkar, and Michael Scanlon
https://www.ftc.gov/public-statements/2016/01/concurring-statement-commissioner-julie-brill-matter-lumos-lab-incFor Consumers
Blog: “Brain training” with Lumosity — does it really work?
http://www.consumer.ftc.gov/blog/brain-training-lumosity-does-it-really-work Health & Fitness
http://www.consumer.ftc.gov/topics/health-fitnessFor Businesses
Blog: Mind the gap: What Lumosity promised vs. what it could prove
https://www.ftc.gov/news-events/blogs/business-blog/2016/01/mind-gap-what-lumosity-promised-vs-what-it-could-prove Health Claims
https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing/health-claims Endorsements
https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing/endorsementsMedia Resources
Our Media Resources library
https://www.ftc.gov/news-events/media-resourcesprovides one-stop collections of materials on numerous issues in which the FTC has been actively engaged. These pages are especially useful for members of the media.
Federal Trade Commission
Headquarters:
600 Pennsylvania Avenue, NW
Washington, DC 20580
USA
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