Jump to content

Xlear: Difference between revisions

From Consumer Rights Wiki
MtPenguinMonster (talk | contribs)
Change infobox template
TimeSquared (talk | contribs)
Added info about the Xlear COVID-19 nasal spray incident.
Line 5: Line 5:
|Type=Private
|Type=Private
|Industry=Nasal sprays
|Industry=Nasal sprays
|Official Website=https://xlear.com/
|Official Website=https://xlear.com
}}
}}


'''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>{{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>
'''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=":0">{{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 name=":1">{{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>


== References ==
==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=":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 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=":0" /><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=":0" /><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:Organizations]]
[[Category:Organizations]]
[[Category:False Advertising]]
[[Category:False Advertising]]

Revision as of 04:19, 16 August 2025

Article Status Notice: This Article is a stub


This article is underdeveloped, and needs additional work to meet the wiki's Content Guidelines and be in line with our Mission Statement for comprehensive coverage of consumer protection issues. Learn more ▼

Xlear
Basic information
Founded 2000
Legal Structure Private
Industry Nasal sprays
Official website



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]

Incidents

False COVID-19 medical claims (October 28, 2021)

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.[3]

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][4]

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.[1][5] The company's central argument is that the FTC Act prohibits only false or deceptive statements – not unsubstantiated ones.[5][6]

References

  1. 1.0 1.1 1.2 1.3 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. https://www.ftc.gov/system/files/documents/cases/filed_complaint_xlear_v_jones_v.1.pdf
  4. https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf
  5. 5.0 5.1 https://www.allaboutadvertisinglaw.com/wp-content/uploads/sites/21/2025/06/COMPLAINT-against-Andrew-N-Ferguson.pdf
  6. "Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper". Venable. 27 Jun 2025.