The Federal Trade Commission (“FTC”) approved a final consent order against Telomerase Activation Sciences, Inc. and Noel Patton (collectively, “TA Sciences”) following allegations that TA Sciences made certain substantiated claims regarding its supplement and topical serum products. FTC alleged that TA Sciences lacked sufficient evidence to support its health-benefit claims, including claims that its products repair DNA damage, rejuvenate aging immune systems, increase bone density, improve biomarkers that decline with age, and that, with its products, “Cellular Aging Stops Here.” FTC also alleged that TA Sciences’ advertisements and promotional materials failed to disclose, or adequately disclose, that it provided consumer endorsers with thousands of dollars of free products. The final consent order prohibits TA Sciences from making misleading claims about health benefits, performance, efficacy, safety, or side effects of its products. Additionally, the order requires that TA Sciences be clear and conspicuous in its endorsements. In particular, the order requires TA Sciences to disclose its material connections with product endorsers and prevents TA Sciences from representing paid endorsers as independent.
Takeaway: This case serves as a reminder that the FTC continues to be active in areas involving health claims and endorsements and testimonials.