Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: FTC obtains judgment against supplement marketer over false claims for treating and preventing diabetes, (Mar 7, 2014)

By Linda O’Brien, J.D., LL.M.

In an FTC action, a federal court has found that marketers of phony remedies for treating and preventing diabetes violated Section 5 of the FTC Act and has ordered them to pay nearly $2.2 million, the FTC announced today. The Commission will use the funds it recovers to reimburse consumers.

The court prohibited the company, Wellness Support Network, Inc. (WSN), and its two principals, Robert Held and Robyn Held, from claiming without rigorous scientific proof that their supplements would treat and prevent diabetes and from making other deceptive claims.

The FTC’s case against WSN is part of its ongoing efforts to stop bogus claims that unproven remedies can be used to prevent and treat serious diseases such as diabetes and cancer.

In October 2010, the FTC filed a complaint (FTC v. Wellness Support Network, Inc., File no. 072-3179) challenging claims that WSN’s Diabetic Pack and Insulin Resistance Pack, which contained identical blends of vitamins, minerals, and plant extracts. The defendants promoted the Diabetic Pack as a treatment for diabetes, and the Insulin Resistance Pack as a means of purportedly reducing insulin resistance and preventing diabetes. The defendants advertised primarily online, relying heavily on consumer testimonials and running advertisements that claimed a “Diabetes Breakthrough” and a “clinically proven natural solution to diabetes with a 90% success rate.” The defendants sold the products for $76.70 for a 30-supply supply.

The court ruled in favor of the FTC’s motion for summary judgment and found that the following claims made by the marketers are false or unsupported by scientific evidence: (1) Diabetic Pack is an effective treatment for diabetes, is proven as an effective treatment for diabetes, reduces or eliminates the need for insulin and other diabetic medications, and is proven to cause an average drop in blood glucose levels of 31.9 percent; and (2) Insulin Resistance Pack reverses and manages insulin resistance, is proven to be an effective treatment for insulin resistance, prevents diabetes, and is proven to cause an average drop in blood glucose levels of 31.9 percent.

“Giving false hope to those who struggle with a serious illness is disgraceful, and the FTC is determined to ensure that deceptive marketers face the consequences,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection.

The U.S. District Court for the Northern District of California entered the final judgment and order on February 19, 2014.

Companies: Wellness Support Network, Inc.

News: ConsumerProtection FederalTradeCommissionNews