In the midst of the Covid-19 epidemic, a health product company called Xlear began to advertise its saline nose spray, making people strictly searching for ways to protect themselves from a new virus. In his marketing, Xlear indicated to the study that it supported the idea that the material in the spray could prevent the virus from sticking to the nose cavity. Based on its interpretation of science, Xlear promoted the product as a part of “layered defense” against Covid’s contract.
In 2021, the Federal Trade Commission, in a bipartisan vote, Decided to sue xlear For alleged “inappropriate health claims”, saying that the company had incorrectly presented the relevance and relevance of several scientific studies in its advertisement “. Earlier this year, from the Department of Justice Justice, FTC, Asked to dismiss the trial with prejudiceHowever, it did not reveal its argument. But Xlear still wanted his day in court. Now, it is sueing the FTC as it wants a court to try to go to the agency to try to go after the health claims.
Xlear is filing a lawsuit at a time where the government’s standard operating processes have been extended around both science and administrative law. Health and Human Services Secretary Robert F. Kennedy Junior. Recently expelled All members of the Center of the Center of the Vaccine Policy Advisory Committee of Disease Control and Prevention, looking at the radical and forecast results together Career in spreading anti-vaccine liesMeanwhile, the current is engaged in FTC President Donald reduces the long -standing freedom of the agency that helps Trump From the White House. After Trump set his two Democratic Commissioners on fire, FTC has also openly taken conservative complaints for a long time. Alleged censorship in digital field,
Like Kennedy, Xlear is advocating a path that can open the location of health products alternately-and possibly low-testing-upstarts. “There is a tension here amidst the reform movement of Maha [Make America Healthy Again] And FTC’s old-garden approach, “Rob Hausman, the chief lawyer of Accelear, tells Ruckus“If you want to focus our focus on drugs and pharmaceuticals, then you have to make a place for things like innovation and cleanliness and other approaches.”
“There is a tension here between Maha Maha’s reform movement and the old-garden approach of FTC”
Xlear emphasizes that it is not trying to reduce the bar for health marketing claims, but just place the FTC on a reasonable legal standard. Houscean believes Decision to strike Supreme Court Chevron Difference Removing the courts of removing the examples that have been running since last year, they should often avoid the expertise of federal agencies-this makes the matter even easier. “We don’t want people to think that we are trying to reduce the burden of science,” they say. “We, in fact, want to increase the burden of science. We just want to ensure that companies are following the law – not the law as FTC says it is.”
As Xlear sees this, FTC has stepped beyond its right to enforce the law against false and misleading claims, what kind of evidence should be considered sufficient to justify a health claim. Houscean The agency points to guidance 2022 It states that random controlled tests (RCT), especially when repeated at least once, are the most reliable to certify health claims. According to the guidance, there is no magic number for number or type of studies, but it says that “random, controlled human clinical tests (RCT) are the most reliable forms of evidence and usually confirm that experts require claims of health benefits.” The FTC did not immediately respond to the request of the comment on the trial.
Xlear states that this is a much more obstacle, especially for small companies that cannot have money to conduct such resource-intensive tests. Housceman compared this about how there is no RCT test to prove the work of parachutes – the punchline is that no one will study where a control group jumped out of a plane without a parachute. (It is not clear how to remove this high obstacle “will increase the burden of science.”)
The case is bringing a reason that it can freely make a health claims about another product that sells it, which assumes that it may be the option of fluoride
Xlear says one reason to bring the case is that it can freely make a health claims about another product that sells it, which assumes that it can be an alternative to fluoride, which can be a choice. Kennedy wants to strip from water supplyFluoride is a mineral Tooth stops decayA recent study from National poisoning program Found that very high levels of fluoride (Atypically high in America) Slight lower IQ for children is associated with score, but has been fluoride AmeEven the film create an appearance as a comedic bogman Dr. StrangealovIn which General Jack D. Ripper has referred to it as “the most demons’ imagination and dangerous communist conspiracy”, which “SAP and Shururesed all our precious physical fluids”.
Houscean says that even though Xlear wins its suit on every count, “It does not allow people to make fake marketing claims.” The FTC will still have the right to reduce false and misleading claims, just by alleged arbitrary standard. He says that the risk of private cases is effective for laying arrogant marketing claims in the Gulf. Housceman says, “We don’t believe that anyone should claim fake,” but we also believe that the agency has the responsibility of working. ,
