The author, Rob Housman, criticizes the Federal Trade Commission’s (FTC) 2022 Health Products Compliance Guidance, asserting that the substantiation scheme lacks statutory authority and constitutes an unlawful regulatory overreach. Housman argues that the FTC’s evolving substantiation rules, requiring double-blinded, placebo-controlled, randomized, human clinical studies for health-related claims, lack a clear legal basis. He suggests rejecting the scheme through congressional action or judicial review, emphasizing the absence of statutory support and potential harm to the $450 billion health and wellness industry.
Xlear CEO Nathan Jones raises concerns about the Federal Trade Commission’s (FTC) health information censorship, especially regarding COVID-19, in a letter to a committee leader. Amid litigation challenging the FTC’s substantiation scheme and facing DOJ and FTC legal action, Xlear argues its claims were based on scientific studies, accusing the FTC of regulatory overreach and First Amendment violations. Jones urges Congress to address these issues through legislative measures, emphasizing the need to counter the FTC’s strict regulatory regime affecting health product companies.
The letter expresses serious concerns about the Federal Trade Commission’s (FTC) 2022 Health Products Guidance, which requires health-related claims to be backed by randomized, placebo-controlled, double-blind clinical studies. The authors argue that the scheme threatens Americans’ access to vital health information, hinders legitimate businesses, and imposes stricter regulations on nonpharmaceutical products than the FDA requires for many drugs. They assert that the FTC’s substantiation scheme lacks a statutory basis, infringes on free speech, and circumvents Congressional authority, urging the FTC to eliminate the guidance or propose a legislative framework through proper channels.
The author, Nate Jones, addressing colleagues in the natural products industry, shares Xlear’s experience with the Federal Trade Commission (FTC) and Department of Justice (DOJ). Highlighting the changing and, in their view, arbitrary regulations, they stress the need for companies to prepare for potential FTC enforcement actions. The letter offers advice on dealing with the government, emphasizing the importance of legal representation, insurance, document retention policies, and industry collaboration to navigate evolving regulatory challenges and potential lawsuits.
This document comprises the civil complaint filed by the Federal Trade Commission (FTC) of the United States against Xlear Inc. Within its contents, the FTC asserts that Xlear Inc. persisted in engaging in deceptive advertising practices and misrepresentations despite prior warnings from the commission, specifically regarding the treatment and prevention of COVID-19.
This document encompasses the civil complaint lodged by the Federal Trade Commission (FTC) of the United States against Xlear Inc. Furthermore, it incorporates the legal responses and defenses presented by Xlear Inc., refuting the allegations, contesting the misconstruction of facts, and challenging the flawed legal analysis put forth.
This document contains the responses to the civil complaint initiated by the Federal Trade Commission (FTC) against Xlear Inc. These are the legal responses and defenses articulated by Xlear Inc., which serve to refute the allegations, contest the misconstruction of facts, and challenge the flawed legal analysis proffered by the FTC.