Xlear: Difference between revisions
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On 28 October 2021, the US Department of Justice filed a complaint against Xlear, Inc. on behalf of the Federal Trade Commission 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=":0" /><ref name=":1" /> | On 28 October 2021, the US Department of Justice filed a complaint against Xlear, Inc. on behalf of the Federal Trade Commission 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=":0" /><ref name=":1" /> | ||
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 four hours of protection against COVID-19. The FTC alleged that Xlear lacked a factual or scientific base to support their claims.<ref>{{Cite web |author= |title=United States of America v. Xlear, Inc. - Case No. 2:21-cv-00640-RJS |url=https://www.ftc.gov/system/files/documents/cases/filed_complaint_xlear_v_jones_v.1.pdf | 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 four hours of protection against COVID-19. The FTC alleged that Xlear lacked a factual or scientific base to support their claims.<ref>{{Cite web |author= |date=28 Oct 2021 |title=United States of America v. Xlear, Inc. - Case No. 2:21-cv-00640-RJS |url=https://www.ftc.gov/system/files/documents/cases/filed_complaint_xlear_v_jones_v.1.pdf |url-status=live |archive-url=https://web.archive.org/web/20250929231544if_/https://www.ftc.gov/system/files/documents/cases/filed_complaint_xlear_v_jones_v.1.pdf |archive-date=29 Sep 2025 |access-date=12 Feb 2026 |website=Federal Trade Commission}}</ref> | ||
The Trump Justice Department, on the behalf of the FTC, asked for the case to be dismissed with prejudice on 10 March 2025, but did not explain its reasoning for the dismissal.<ref name=":0" /><ref>{{Cite web |author= |title=Stipulation of Dismissal with Prejudice Case No. 2:21-cv-00640-RSJ-DBP |url=https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf | The Trump Justice Department, on the behalf of the FTC, asked for the case to be dismissed with prejudice on 10 March 2025, but did not explain its reasoning for the dismissal.<ref name=":0" /><ref>{{Cite web |author= |date=10 Mar 2025 |title=Stipulation of Dismissal with Prejudice Case No. 2:21-cv-00640-RSJ-DBP |url=https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf |url-status=live |archive-url=https://web.archive.org/web/20250713085320/https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf |archive-date=13 Jul 2025 |access-date=12 Feb 2026 |website=Federal Trade Commission}}</ref> | ||
On 18 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">{{Cite web |author= |title=Xlear, Inc. v. FTC & Andrew N. Ferguson Case No. 2:25-cv-00484 |url=https://www.allaboutadvertisinglaw.com/wp-content/uploads/sites/21/2025/06/COMPLAINT-against-Andrew-N-Ferguson.pdf | On 18 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">{{Cite web |author= |date=18 Jun 2025 |title=Xlear, Inc. v. FTC & Andrew N. Ferguson Case No. 2:25-cv-00484 |url=https://www.allaboutadvertisinglaw.com/wp-content/uploads/sites/21/2025/06/COMPLAINT-against-Andrew-N-Ferguson.pdf |url-status=live |archive-url=https://web.archive.org/web/20260103234514if_/https://www.allaboutadvertisinglaw.com/wp-content/uploads/sites/21/2025/06/COMPLAINT-against-Andrew-N-Ferguson.pdf |archive-date=3 Jan 2026 |access-date=12 Feb 2026 |website=Venable, LLP}}</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 |last=Gordon |first=Leonard L. |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, LLP |date=27 Jun 2025 |access-date=12 Feb 2026 |url-status=live |archive-url=https://web.archive.org/web/20250707232557/https://www.allaboutadvertisinglaw.com/2025/06/xlear-v-ftc-utah-company-files-challenge-to-long-standing-ftc-substantiation-requirements-post-loper.html |archive-date=7 Jul 2025}}</ref> | ||
==References== | ==References== | ||