Xlear: Difference between revisions

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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.<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 - [[:File:Xlear filed complaint xlear v jones v.1.pdf|Archived]] from the original on 2026-02-03.</ref>

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.<ref name=":02" /><ref>https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf</ref>

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.<ref name=":02" /><ref>https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf - [[:File:Xlear 2123045xleardismissstipulation.pdf|Archived]] from the original on 2026-02-03</ref>

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.<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 |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 |website=Venable}}</ref>

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.<ref name=":2">https://www.allaboutadvertisinglaw.com/wp-content/uploads/sites/21/2025/06/COMPLAINT-against-Andrew-N-Ferguson.pdf - [[:File:Xlear COMPLAINT-against-Andrew-N-Ferguson.pdf|Archived]] from the original on 2026-02-02.</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 |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 |website=Venable}}</ref>

==References==

@@ Line 21: / Line 21: @@
 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 - [[:File:Xlear filed complaint xlear v jones v.1.pdf|Archived]] from the original on 2026-02-03.</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>
+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 - [[:File:Xlear 2123045xleardismissstipulation.pdf|Archived]] from the original on 2026-02-03</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 |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 |website=Venable}}</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 - [[:File:Xlear COMPLAINT-against-Andrew-N-Ferguson.pdf|Archived]] from the original on 2026-02-02.</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 |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 |website=Venable}}</ref>
 ==References==