By: Linda L. Goodman
The Federal Trade Commission (“FTC”) approved a final administrative consent order settling charges that a California-based marketer of a supplement called Thrive, which the FTC claimed consists mainly of Vitamin C and herbal extracts, made baseless claims that it can treat, prevent, or reduce the risk of COVID-19.
According to the FTC’s April 2020 administrative complaint, since December 2018, Marc Ching, doing business as Whole Leaf Organics, advertised and sold Thrive online, through his Whole Leaf Organics website, and in March 2020 began marketing it as an “anti- viral wellness booster” that treats, prevents, or reduces the risk of COVID-19. The complaint also alleged that Ching used his Whole Leaf Organics website to deceptively advertise and sell three CBD-containing products.
The final order settling the complaint bars Ching’s false and unsubstantiated health claims; requires him to send written notices to customers and retailers of Thrive explaining that it will not treat, prevent, or reduce the risk of COVID-19 and tell customers and retailers that the three CBD-containing products will not treat cancer.
And what is missing? Any disgorgement…either that is a very lucky marketer, or the FTC reign of disgorgement is crawling to an end…
Either way – be sure to substantiate all claims made in your marketing materials before publication.
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This article was originally posted on Cliclaw.com as part of my ongoing efforts to share valuable legal insights. I regularly contribute guest blogs to leading websites in the field of internet compliance. In these posts, I cover a range of topics to help businesses stay compliant in the ever-evolving digital world. You can read my latest guest contributions on Cliclaw.com.
This article is a publication of The Goodman Law Firm and is intended to provide information on recent legal developments. This article does not create an attorney-client relationship, nor should it be construed as legal advice or an opinion on specific situations. This may constitute “Attorney Advertising” under the Rules of Professional Conduct and under the law of other jurisdictions.
Linda L. Goodman is the founder of The Goodman Law Firm, concentrating its practice in internet business and law. Her firm’s clients include Advertisers, Affiliates, Affiliate Networks, and ISP’s.
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