NOTE: Here is where you can find advertising law information based on news briefs that appeared in past issues of Advertising Compliance Service, "Your Single Essential Advertising Law Resource," during the month of June 2000.
FTC FINAL ORDER IN CASE INVOLVING ALLEGEDLY UNSUBSTANTIATED CLAIMS FOR ADHD CURE
Efamol Nutraceuticals, Inc., and J & R Research, Inc. market and sell dietary supplements that claim to mitigate or cure the effects of Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder (ADHD). Both firms recently had agreed to settle FTC charges that the claims for their products were unsubstantiated. The products are: Efalex and Efalex Focus, marketed by Efamol, and Pycnogenol, sold by J & R. In separate proposed consent agreements, each company would be barred from making certain efficacy claims about their products unless they have scientific evidence to support those claims.
More recently, FTC finalized its consent agreement with Efamol Nutraceuticals, Inc.
(Efamol Nutraceuticals, Inc., FTC File No. 992-3027, June 30, 2000; see also: Tab #17, Food, Drugs, Cosmetics, Article #60.)
NOTE: A consent agreement is for settlement purposes only and does not constitute an admission of a law violation. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of $11,000.
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