A nasal spray company wants to make it harder for the FTC to police health claims
In the midst of the covid-19 pandemic, a health products company called Xlear began advertising its saline nasal spray to people desperately searching for ways to protect themselves from a new virus. In its marketing, Xlear pointed to studies that it said supported the idea that ingredients in the spray could block viruses from sticking […]
In the midst of the covid-19 pandemic, a health products company called Xlear began advertising its saline nasal spray to people desperately searching for ways to protect themselves from a new virus. In its marketing, Xlear pointed to studies that it said supported the idea that ingredients in the spray could block viruses from sticking to the nasal cavity. Based on its interpretation of the science, Xlear promoted the product as one part of a "layered defense" against contracting covid.
In 2021, the Federal Trade Commission, in a bipartisan vote, decided to sue Xlear for making allegedly "unsupported health claims," saying the company had "grossly misrepresented the purported findings and relevance of several scientific studies" in its advertising. Earlier this year, the Trump Justice Department, on the FTC's behalf, asked for the lawsuit to be dismissed with prejudice, though it didn't explain its reasoning. But Xlear still wanted its day in court. Now, it's suing the FTC because it wants a court to make it harder for the agency to attempt to go after health claims.
Xlear is filing the lawsuit at a time where the government's standard operating procedures around both science a …
