Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Marketers of opioid withdrawal treatment settle FTC charges, (Jul 6, 2016)

By Jeffrey May, J.D.

Sunrise Nutraceuticals, LLC and its principal have agreed to settle FTC charges that they made false and misleading representations in marketing a dietary supplement to people addicted to opiates. Under the terms of a proposed consent decree awaiting approval in the federal district court in West Palm Beach, Florida, Sunrise and Joshua Erickson would be required have competent and reliable scientific evidence to back up claims for opiate-treatment products. In addition, the defendants would be barred from making deceptive claims for any health-related products. The settlement also requires them to pay $235,000, which the agency has identified as redress or disgorgement. The agency agreed to the suspension of the remainder of the $1,398,037 judgment against the defendants (FTC v. Sunrise Nutraceuticals, LLC, FTC File No. 152 3208, Civil Action No. 9:15cv81567-DMM).

According to the FTC’s November 2015 complaint, Sunrise deceptively claimed that its dietary supplement Elimidrol, a "proprietary blend" of herbs and other compounds, alleviated opiate withdrawal symptoms and increased a user’s likelihood of overcoming opiate addiction. Sunrise allegedly ran advertising on its website targeting opiate-dependent consumers with claims that it is the "#1 opiate withdrawal supplement," and that it was the only opiate withdrawal product "guaranteed to work." Elimidrol purportedly was non-addictive, non-habit forming, and would help users "permanently overcome withdrawal—the first time." It also claimed a high-success rate among users, and that "the effects can be felt from the first dose." In addition, Sunrise promoted Elimidrol with testimonials from opiate-dependent customers. The FTC sought disgorgement of ill-gotten monies and other equitable relief.

Companies: Sunrise Nutraceuticals, LLC

News: Advertising ConsumerProtection FederalTradeCommissionNews