Legal Library: Cases and Proceedings

The Federal Trade Commission has brought lawsuits against three current and former high-level distributors – so-called “Wellness Advocates” – of the Utah-based multi-level marketing company doTERRA International, LLC, for making claims that the company’s essential oils and dietary supplements could treat, prevent, or cure COVID-19. The distributors, all current or former healthcare practitioners, made the claims in a series of webinars in early 2022 and touted their medical expertise in recommending the products.

The three complaints, filed by the Department of Justice on behalf of the FTC, allege that the defendants made numerous claims about the ability of various doTERRA products to prevent, treat, or cure COVID-19, in violation of the FTC Act and the COVID-19 Consumer Protection Act.

The Federal Trade Commission authorized an administrative complaint against the proposed merger between virtual reality (VR) giant Meta and Within Unlimited, the VR studio that markets Supernatural, a leading VR fitness app. Formerly known as Facebook Inc., Meta sells the most widely used VR headset, operates a widely used VR app store, and already owns many popular VR apps. The agency alleges that Meta’s proposed acquisition of Within would harm competition and dampen innovation in the U.S. markets for fitness and dedicated-fitness VR apps. 

The Federal Trade Commission has taken enforcement action for the first time under its Health Breach Notification Rule against the telehealth and prescription drug discount provider GoodRx Holdings Inc., for failing to notify consumers and others of its unauthorized disclosures of consumers’ personal health information to Facebook, Google, and other companies.

In February 2023, the FTC sued to stop an interconnected web of operations responsible for delivering tens of millions of unwanted VoIP and ringless voicemail phony debt service robocalls to consumers nationwide. DOJ filed the complaint in federal court on the FTC’s behalf. The DOJ also filed a proposed consent order against one of the companies and individuals involved in the operation, which would, if approved by the court, bar them from making further misrepresentations about debt relief services and ordering them to comply with the TSR.

In November 2022, the FTC and seven state attorneys general sued Google LLC and iHeartMedia, Inc. for airing nearly 29,000 deceptive endorsements by radio personalities promoting their use of and experience with Google’s Pixel 4 phone in 2019 and 2020. The proposed FTC orders and the state judgments settling the allegations bar Google and iHeartMedia from similar misrepresentations, and the state judgments also require them to pay $9.4 million in penalties.

In February 2020, the FTC filed a complaint in federal district court against ZyCal Bioceuticals, a company that manufactured and sold the ingredient Cyplexinol to trade customers for use in making pain relief products for joint ailments, such as arthritis. Zycal also marketed a line of Cyplexinol-based pain relief products to chiropractors and directly to consumers under the brand name Ostinol. The same complaint includes allegations against another company, Excellent Marketing Results, Inc. (EMR), which was one of ZyCal's trade customers. EMR marketed a Cyplexinol-based formulation called StimTein via infomercials and online, and claimed it was clinically proven to stimulate cells to grow bone tissue and cartilage. EMR and its president agreed to a settlement that resolves charges against them in the FTC’s complaint, and prohibits them from making such health-related product claims unless they are supported by competent and reliable scientific evidence. In September 2020, the FTC announced it was returning more than $110,000 to consumers who bought EMR’s StimTein.   In February 2023, the FTC announced a proposed order barring the ZyCal defendants from the deceptive conduct alleged in the complaint.