Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Marketers of 'Mosquito Shield Bands' settle FTC deceptive claims charges, (May 24, 2016)

By Michael Menzhuber, J.D., LL.M.

Viatek Consumer Products Group, Inc. and Lou Lentine, its company owner and president, have agreed to settle FTC charges that they made deceptive claims for Viatek-brand Mosquito Shield Bands, the agency announced today. Lentine and Viatek also had been charged by the FTC with violating a 2003 administrative order prohibiting Lentine from making product claims without competent and reliable evidence to back them up (FTC v. Lentine and Viatek Consumer Products Group, Inc., FTC File No. D09303, Civil Action No. 1:15-cv-33).

According to the FTC’s February 2015 complaint, Lentine and Viatek claimed that Mosquito Shield Bands would protect users from being bitten by mosquitos. Mosquito Shield Bands were marketed directly to consumers and through retailers, including the HSN home shopping channel.

The Mosquito Shield Bands, which are wristbands containing mint oil, were represented to create a “vapor barrier” that would shield persons within five feet of the product from being bitten and would provide users with 96-120 hours of protection. The FTC alleged that the defendants did not have competent and reliable scientific evidence to back up these claims and, that in making them, violated both the FTC Act and the 2003 administrative order.

Pursuant to the stipulated order settling the FTC charges, the defendants are:

• required to have competent and reliable scientific evidence for future claims about the benefits, performance, or efficacy of any pest control product;

• required to have appropriate substantiation for similar claims made about any product that they sell;

• prohibited from violating the 2003 administrative order; and

• required to pay $300,000 to the FTC.

The final judgment and order were filed in the U.S. District Court for the Eastern District of Tennessee at Chattanooga.

Companies: Viatek Consumer Products Group, Inc.

News: Advertising ConsumerProtection FederalTradeCommissionNews