Xlear: Difference between revisions
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{{ | {{stub}}{{CompanyCargo | ||
| | | Founded = 2000 | ||
| | | Industry = Nasal sprays | ||
|Type=Private | | Type = Private | ||
| | | Website = https://xlear.com | ||
}} | }} | ||
'''Xlear''' is a Utah-based nasal spray company which [[ | '''Xlear''' is a Utah-based nasal spray company which [[False advertising|falsely advertised]] its nasal spray as a COVID-19 preventative and treatment. In 2021, the FTC sued Xlear for this false claim.<ref name=":02">{{cite web |last=Felner |first=Lauren |date=2025-06-25 |title=A nasal spray company wants to make it harder for the FTS to police health claims |url=https://www.theverge.com/policy/692327/xlear-ftc-lawsuit-covid-health-claims-consumer-protection |website=The Verge}}</ref><ref name=":12">{{cite web |date=2021-10-28 |title=FTC Sues Utah-based Company for Falsely Claiming Its Nasal Sprays Can Prevent and Treat COVID-19 |url=https://www.ftc.gov/news-events/news/press-releases/2021/10/ftc-sues-utah-based-company-falsely-claiming-its-nasal-sprays-can-prevent-treat-covid-19 |website=Federal Trade Commission}}</ref> | ||
==Background== | |||
Xlear was founded in 2000, and creates xylitol-based sinus and oral care products.<ref>{{cite web|url=https://xlearproactive.com/about-us/|title=About Xlear|website=Xlear}}</ref> | |||
==Consumer Impact Summary== | |||
In 2021, Xlear was sued by the FTC for false advertising. In 2025, Xlear filed a lawsuit against the FTC which would make it harder for the FTC to punish unsubstantiated health claims, thereby harming consumers of medical products. | |||
==Incidents== | ==Incidents== | ||
===False COVID-19 medical claims (October 28, 2021)=== | ===False COVID-19 medical claims (October 28, 2021)=== | ||
On the 28<sup>th</sup> of October, 2021, the US Department of Justice filed a complaint against Xlear, Inc. on the behalf of the FTC for falsely marketing its nasal spray as an effective COVID-19 preventative, seeking to impose financial penalties on the company and to bar them from continuing to make unsubstantiated medical claims about their products.<ref name=": | On the 28<sup>th</sup> of October, 2021, the US Department of Justice filed a complaint against Xlear, Inc. on the behalf of the FTC for falsely marketing its nasal spray as an effective COVID-19 preventative, seeking to impose financial penalties on the company and to bar them from continuing to make unsubstantiated medical claims about their products.<ref name=":02" /><ref name=":12" /> | ||
According to the complaint, since at least March 2020, Xlear marketed their nasal sprays as an effective preventative and treatment against COVID-19, claiming that their nasal sprays provide up to 4 hours of protection against COVID-19. The FTC alleged that Xlear lacked a factual or scientific base to support their claims.<ref>https://www.ftc.gov/system/files/documents/cases/filed_complaint_xlear_v_jones_v.1.pdf</ref> | According to the complaint, since at least March 2020, Xlear marketed their nasal sprays as an effective preventative and treatment against COVID-19, claiming that their nasal sprays provide up to 4 hours of protection against COVID-19. The FTC alleged that Xlear lacked a factual or scientific base to support their claims.<ref>https://www.ftc.gov/system/files/documents/cases/filed_complaint_xlear_v_jones_v.1.pdf</ref> | ||
The Trump Justice Department, on the behalf of the FTC, asked for the case to be dismissed with prejudice on the 10<sup>th</sup> of March, 2025, but did not explain its reasoning for the dismissal.<ref name=": | The Trump Justice Department, on the behalf of the FTC, asked for the case to be dismissed with prejudice on the 10<sup>th</sup> of March, 2025, but did not explain its reasoning for the dismissal.<ref name=":02" /><ref>https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf</ref> | ||
On the 18<sup>th</sup> of June, 2025, Xlear filed a lawsuit against the FTC in an attempt to make it harder for the FTC to go after health claims. | On the 18<sup>th</sup> of June, 2025, Xlear filed a lawsuit against the FTC in an attempt to make it harder for the FTC to go after health claims.<ref name=":2">https://www.allaboutadvertisinglaw.com/wp-content/uploads/sites/21/2025/06/COMPLAINT-against-Andrew-N-Ferguson.pdf</ref> The company's central argument is that the FTC Act prohibits only false or deceptive statements – not unsubstantiated ones.<ref name=":2" /><ref>{{Cite web |date=27 Jun 2025 |title=Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper |url=https://www.allaboutadvertisinglaw.com/2025/06/xlear-v-ftc-utah-company-files-challenge-to-long-standing-ftc-substantiation-requirements-post-loper.html |website=Venable}}</ref> | ||
==References== | ==References== | ||