Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Vision improvement app marketer settles deceptive marketing claims, (Sep 17, 2015)

By Jody Coultas, J.D.

Marketers of a software application agreed to settle FTC deceptive advertising charges concerning its Ultimeyes vision improvement app.

Carrot Neurotechnology, Inc. advertised and sold Ultimeyes on the company’s website and through third-party app stores including the Apple App Store and Google Play Store, claiming it is “scientifically shown to improve vision,” the FTC’s complaint alleges. The app is based on a series of visual exercises related to reading speed, contrast sensitivity, and low light conditions among other elements.

Carrot also claimed that the app, which sells for between $5.99 and $9.99, would “Turn Back The Clock On Your Vision” and that users would benefit from “comprehensive vision improvement” eliminating the need for glasses and contact lenses.

The ads further claimed that studies proved Ultimeyes works. However, the FTC alleged that the studies and other “scientific research” did not prove Ultimeyes improves vision. The marketers also failed to disclose the tester’s affiliation with the company.

Carrot and its owners are required under the settlement to have competent and reliable scientific evidence before making claims regarding the health benefits, performance, efficacy, safety, or side effects of any product or service. The proposed order also prohibits the marketers from misrepresenting any scientific research, and it requires them to clearly disclose any connections with anyone conducting or participating in scientific research they cite as substantiation for their claims, and with anyone endorsing their products. Lastly, Carrot and its co-owners have agreed to disgorge $150,000.

News: Advertising FederalTradeCommissionNews