FTC Mails Speak, Speak Smooth Refund Checks

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The Federal Trade Commission (FTC) has begun mailing out refund checks to consumers who bought Speak or Speak Smooth dietary supplements. If you receive an FTC Speak Smooth refund check, you will have until Oct. 23, 2015, to cash the check in order to receive your portion of the settlement fund.

In January of this year, the FTC filed a false marketing lawsuit against Nourish Life LLC, the maker of Speak and Speak Smooth children’s supplement products, alleging the Illinois company made deceptive claims that these homeopathic products were proven to be effective treatments for childhood speech disorders, such as those associated with children on the autism spectrum.

According to Jessica Rich, Director of the Bureau of Consumer Protection, “Parents of children with speech disorders need accurate information about products that may be able to help. This company took advantage of parents’ trust,” she states.

NourishLife and its owner Mark Nottoli have sold the Speak and Speak Smooth dietary supplement products online and through a web of distributors since 2008. The company charges over $70 per bottle of Speak softgels capsules or bottle of Speak Smooth liquid supplements. These homeopathic remedies contain Omega-3 and Omega-6 fatty acids as well as Vitamin E and K, which were advertised online utilizing search engine ads, Google sponsored links, and also through in person promotions and promotional materials at autism spectrum disorder conferences.

One such Google sponsored link for Speak and Speak Smooth products provided a link for a website viewer to the SpeachNutrients website, which featured claims that the softgel capsule and liquid dietary supplements were created by a pediatrician in order to support “normal and healthy speech development and maintenance.”

The FTC filed a false advertising lawsuit against NourishLife, alleging that between 2008 and 2013, Speak product advertisements made unsupported claims regarding the dietary supplements’ ability to effectively treat and/or mitigate communication and behavioral issues and verbal apraxia demonstrated by children on the autism spectrum.

NourishLife decided to settle this Speak Smooth false advertising lawsuit, and as part of the settlement agreement the company and its owner Nottoli will refrain from making allegedly deceptive claims regarding their dietary supplements “proven” effectiveness in treating childhood speech disorders.

In addition to this injunctive relief, NourishLife will also pay $200,000 and disclose the nature of material connections with Speak and Speak Smooth product endorsers. Originally, a $3.68 million judgment was imposed against NourishLife, but it has since been lowered to $200,000 because of the company’s inability to pay.

Using the NourishLife settlement fund, the FTC has mailed out 6,935 checks to eligible consumers, worth about $25.18 each. Recipients of these FTC checks will have until Oct. 23 to cash them and receive a partial refund for the money spent on these falsely advertised dietary supplements.

The NourishLife False Advertising Lawsuit is Federal Trade Commission v. NourishLife LLC, and Mark Nottoli, Case No. 1:15-cv-00093, in the U.S. District Court for the Northern District of Illinois.

If you’ve purchased a homeopathic or dietary supplement product that failed to perform as advertised, you may have a claim to seek compensation through a consumer protection class action lawsuit. Learn more at the Homeopathic Remedy, Dietary Supplement Class Action Lawsuit Investigation.