FTC Warns Against Marketing Supplements for COVID-19 Treatment

The U.S. Federal Trade Commission recently sent another round of warning letters to supplement companies marketing their products for the treatment or prevention of COVID-19, telling them to stop unless they can prove their claims.

COVID-19 is the illness caused by the novel coronavirus. There is no known vaccine, treatment or cure yet, according to the U.S. Food and Drug Administration.

It was the seventh batch of notices and brings the total number of warning letters sent since the start of the pandemic to 250, the agency reported through its official blog. So far, the FTC has warned against companies promoting a litany of products including supplements for COVID-19 treatment.

Latest Warnings About Supplements for COVID-19

CBD products like CBD oil, dietary supplements, essential oils, infrared light, vitamins, dental products and licorice are among the most recent items advertised as possible COVID-19 treatments that earned the FTC’s scrutiny. In most cases, the claims and targeted marketing are happening on the companies’ websites and via social media. In some instances, they are being conveyed through text and e-mail messages.

At issue is the fact that it is illegal to make claims about the health benefits of a product without having the required scientific studies and approval to back those claims up.

In one letter, to CBD Center in California, the FTC explained it is illegal to “advertise that a product can prevent, treat, or cure human disease unless you possess competent and reliable scientific evidence, including, when appropriate, well-controlled human clinical studies, substantiating that the claims are true at the time they are made. For COVID-19, no such study is currently known to exist for the products identified above.”

CBD Center was marketing its oils and tinctures and claiming CBD is being studied as a possible “preventative and active treatment for COVID-19.” Another letter was sent to The Remedy Room in New Orleans over advertising for its intravenous vitamin therapies and various vitamin and dietary supplements for COVID-19 treatment. And a letter was sent to San Francisco Dental Wellness, which was promoting hydrogen peroxide gel as a means of killing bacteria and preventing the spread of COVID-19.

The FTC is giving each of the companies that receive a letter two days to respond to the commission, explain what steps it is taking to address the FTC’s concerns and to “cease and desist” future unsubstantiated COVID-19 marketing claims.

Ongoing Efforts to Prevent Scams

The FTC began alerting consumers in March to “be on the lookout for scammers taking advantage of fears surrounding the coronavirus.” That’s when the commission issued its first set of warnings to businesses to stop making claims about their products and the treatment or prevention of COVID-19

In April, the commission filed suit against a California man, Marc Ching, and his Whole Leaf Organics company over his claims that his CBD products could prevent or reduce the risk of COVID-19 infection. Ching agreed to stop making the claims about supplements for COVID-19, according to the Los Angeles Daily News.

Typically, companies and individuals who get warning letters from the FTC comply, the commission says. If they don’t, they might also face legal action for false advertising. Additionally, the FDA has dietary supplement regulations that must be followed.

For now, FTC regulators say they plan to follow up with the companies they’ve warned and to continue monitoring social media, online marketplaces for additional violations. Consumers can also make complaints directly to the FTC, which are then also investigated.

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If you live in California and purchased a dietary supplement with a label that touted health claims you believe may be false and misleading within the last four years, you may have a legal claim.

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This article is not legal advice. It is presented
for informational purposes only.