Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Your Baby Can Read!® creator settles deception claims for $300K, (Aug 22, 2014)
Organizations Mentioned:Infant Learning, Inc. | Your Baby Can LLC
By Greg Hammond, J.D.
The creator of Your Baby Can Read!®, Dr. Robert Titzer, and his company, Infant Learning, Inc., have settled charges that they violated the FTC Act through the use of unfair or deceptive acts or practices in or affecting commerce. It was alleged that Titzer made false or unsubstantiated claims regarding the Your Baby Can Read product, including that it could help infants as young as 9 months old to read (FTC v. Your Baby Can LLC, File No. 112 3045, Case No. 12cv2114).
Alleged deceptive behavior. The Your Baby Can Read program—typically purchased for $150 to $200—is comprised of a set of DVDs, lift-a-flap books, and word cards. The program mainly targets parents and grandparents with children between the ages of three months and five years. The Commission alleged that Titzer and Infant Learning Inc.—along with two other defendants that previously settled with the FTC—made a number of false or unsubstantiated claims on its website and product packaging, as well as in various print, radio, television, and Internet ads. Consequently, the FTC filed suit under the FTC Act for unlawful claims and unlawful expert endorsements of the Your Baby Can Read program.
Settlement. According to the stipulated final judgment, Titzer and Infant Learning are prohibited from representing that any product: (1) teaches infants and children to read; (2) teaches children as young as three or four years to read books such as Charlotte’s Web or Harry Potter; (3) gives infants and children an early start on academic learning; or (4) helps children perform better in school and later in life than children who did not use the product, unless the representations are true, non-misleading, and are supported by reliable scientific evidence. Titzer and his company are also permanently prohibited from using the term “Your Baby Can Read” with any product name or logo. Judgment in the amount of $185 million was entered against Titzer, but will be suspended upon his payment to the FTC of $300,000.
“Marketers and expert endorsers must have adequate substantiation for the claims they make, and the FTC will continue to pursue those who fail to abide by this basic rule,” stated FTC Bureau of Consumer Protection Director Jessica Rich.
Companies: Infant Learning, Inc.; Your Baby Can LLC
News: Advertising ConsumerProtection FederalTradeCommissionNews