FTC Sends Full Refunds to Consumers who Bought Deceptively Marketed Fish Oil Supplement

The Federal Trade Commission is sending refunds totaling $396,431 to more than 1,800 consumers nationwide who bought Hepaxa and Hepaxa PD, two fish oil supplements that were marketed as treatments for adults and children with non-alcoholic fatty liver disease (NAFLD).

Image

According to the FTC’s April 2021 complaint, BASF paid DIEM Labs to advertise and distribute both supplements in the United States. The FTC alleged that until mid-2020 these companies deceptively advertised Hepaxa and Hepaxa PD as clinically proven to reduce liver fat in adults and children with NAFLD.

The orders settling the Commission’s charges banned the companies from making unproven health claims about Hepaxa or similar products and required them to pay money to provide refunds.

More than 1,800 consumers are receiving payments averaging $219 each. Most consumers are receiving refunds by check and should cash them within 90 days, as indicated on the check. A few consumers are getting PayPal payments and will have until March 10, 2022, to accept them. Consumers who have questions about their refunds should call Analytics Consulting LLC, the administrator for this case, at 1-833-935-4132.

The FTC’s interactive dashboard for refunds provides a state-by-state breakdown of FTC refunds. In 2020, FTC actions led to more than $483 million in refunds to consumers across the country, but in 2021 the United States Supreme Court ruled that the FTC lacks authority under Section 13(b) to seek monetary relief in federal court going forward. The Commission has urged Congress to restore the FTC’s ability to get money back for consumers.