Antitrust Law Daily Wrap Up, ADVERTISING NEWS: BrainStrong Adult marketers reach settlement over deceptive advertising claims with FTC, (Jun 9, 2014)
Organizations Mentioned:Martek Biosciences Corp. | i-Health, Inc.
By Greg Hammond, J.D.
i-Health, Inc. and Martek Biosciences Corp., marketers of the dietary supplement BrainStrong Adult, have reached a settlement with the FTC over charges that the companies engaged in deceptive advertising, the agency announced today. The complaint alleged that the two companies deceptively advertised that BrainStrong Adult will improve adult memory and prevent cognitive decline. In addition, the FTC alleged that i-Health and Martek falsely claimed they had clinical proof that the supplement improves adult memory.
According to the FTC, i-Health and Martek advertised that BrainStrong Adult contains the Omega-3 fatty acid DHA and that the supplement is “clinically shown to improve adult memory.” The product is sold at various retail stores, such as CVS Pharmacy, Rite Aid, Walgreens, and Walmart, as well as through Amazon.com and drugstore.com for approximately $30 for a 30-day supply.
“Supplement marketers must ensure that adequate scientific proof supports their specific advertising claims,” stated FTC Bureau of Consumer Protection Director Jessica Rich. “When the results of a scientific study don’t match the hype, consumers are likely to be misled.”
The settlement agreement states that i-Health and Martek are prohibited from representing that any dietary supplement, drug, or food (collectively, “covered product”) will improve memory or prevent cognitive decline in adults, unless the representation is not misleading and is supported by reliable scientific evidence that the representation is true. In addition, the companies agreed that they will not make any representations regarding the health benefits, performance, safety, or efficacy of any covered product without adequate scientific proof. The agreement also states that i-Health and Martek may not make any misrepresentations about their scientific tests or studies. The companies will be required to maintain and make available to the FTC all advertisements, labeling, packaging, promotional materials, and scientific materials for a period of five years, for representations covered under the agreement.
Companies: i-Health, Inc.; Martek Biosciences Corp.
News: Advertising ConsumerProtection FederalTradeCommissionNews