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'''Xlear''' is a Utah-based nasal spray company which falsely advertised its nasal spray as a COVID-19 preventative and treatment. In 2021, the FTC sued Xlear for this false claim.<ref>{{cite web|last=Felner|first=Lauren|url=https://www.theverge.com/policy/692327/xlear-ftc-lawsuit-covid-health-claims-consumer-protection|title=A nasal spray company wants to make it harder for the FTS to police health claims|website=The Verge|date=2025-06-25}}</ref><ref>{{cite web|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|title=FTC Sues Utah-based Company for Falsely Claiming Its Nasal Sprays Can Prevent and Treat COVID-19|website=Federal Trade Commission|date=2021-10-28}}</ref>
{{stub}}{{CompanyCargo
| Founded = 2000
| Industry = Nasal sprays
| Type = Private
| Website = https://xlear.com
|Logo=Xlear.png}}
'''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>


== References ==
==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==
 
===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=":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>
 
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.<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==
{{reflist}}
{{reflist}}
 
[[Category:False Advertising]]
[[Category:Organizations]]
[[Category:Xlear]]

Latest revision as of 04:23, 17 August 2025

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Xlear
Basic information
Founded 2000
Legal Structure Private
Industry Nasal sprays
Official website https://xlear.com

Xlear is a Utah-based nasal spray company which falsely advertised its nasal spray as a COVID-19 preventative and treatment. In 2021, the FTC sued Xlear for this false claim.[1][2]

Background[edit | edit source]

Xlear was founded in 2000, and creates xylitol-based sinus and oral care products.[3]

Consumer Impact Summary[edit | edit source]

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[edit | edit source]

False COVID-19 medical claims (October 28, 2021)[edit | edit source]

On the 28th 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.[1][2]

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.[4]

The Trump Justice Department, on the behalf of the FTC, asked for the case to be dismissed with prejudice on the 10th of March, 2025, but did not explain its reasoning for the dismissal.[1][5]

On the 18th 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.[6] The company's central argument is that the FTC Act prohibits only false or deceptive statements – not unsubstantiated ones.[6][7]

References[edit | edit source]

  1. 1.0 1.1 1.2 Felner, Lauren (2025-06-25). "A nasal spray company wants to make it harder for the FTS to police health claims". The Verge.
  2. 2.0 2.1 "FTC Sues Utah-based Company for Falsely Claiming Its Nasal Sprays Can Prevent and Treat COVID-19". Federal Trade Commission. 2021-10-28.
  3. "About Xlear". Xlear.
  4. https://www.ftc.gov/system/files/documents/cases/filed_complaint_xlear_v_jones_v.1.pdf
  5. https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf
  6. 6.0 6.1 https://www.allaboutadvertisinglaw.com/wp-content/uploads/sites/21/2025/06/COMPLAINT-against-Andrew-N-Ferguson.pdf
  7. "Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper". Venable. 27 Jun 2025.