Products' Health Claims Need Evidence as Per FTC Regulations. Potential Lawsuit by MAHA Could Challenge This Tradition.
The Federal Trade Commission (FTC) is facing criticism for its handling of health claims in the marketing of products, with some companies challenging the requirement for substantial evidence to back up such claims.
In a significant move, Xylitol, a substance produced by the company Xlear, has brought a lawsuit against the FTC. The company is aiming to make unproven health claims in their advertising, a move that could have far-reaching implications for the regulation of health products.
Xylitol, which is approved as a food additive and cosmetic ingredient by the FDA, is used in various products, including those designed to prevent cavities and lower periodontal disease. Some research suggests it could fight chronic illnesses like obesity, Alzheimer's, and heart disease. However, it's important to note that while Xylitol may reduce symptoms when used toward the start of any viral upper respiratory infection, there's no evidence it prevents or cures COVID.
The lawsuit comes at a time when the FTC is under scrutiny for its enforcement of health claims. The FTC, under Chairman Andrew Ferguson, has not taken many actions against deceptive health practices under the Trump administration, with one exception being a workshop titled "The Dangers of 'Gender-Affirming Care' for Minors".
The FTC requires companies to back any medical claims about their products with substantial evidence, but the FTC and FDA are criticized for not having sufficient staffing to rigorously police health claims. This criticism has been heightened by the reorganization of the Department of Justice's consumer protection unit, which has moved some of its lawyers to immigration and other areas.
The Alliance for Natural Health USA, which includes alternative medicine practitioners, vaccine skeptics, and proponents of "natural" remedies, is pushing to permanently roll back the health regulatory state. Robert F. Kennedy Jr., Health and Human Services Secretary, has been a supporter of the alternative medicine world and has warned about the FDA's "aggressive suppression" of certain products from the supplement industry.
Jonathan Emord, a lawyer who has fought FDA and FTC regulation of supplements, filed a petition in May 2025 demanding that the FTC drop its requirement for companies to provide substantial evidence backing health claims and withdraw 2022 guidelines that generally require companies to run a randomized clinical trial to prove their claims.
In response to these challenges, Ferguson has to defend against the Xylitol lawsuit due to the FTC's past requirement for health claims to be backed up by reliable scientific evidence. In his opening statement at the workshop, Ferguson criticized the Biden administration for allowing hormonal and surgical treatments for youth experiencing gender dysphoria.
If successful, the lawsuit by Xylitol could allow companies to say anything they want about their products' health benefits, a development that could reshape the regulatory landscape for health products significantly. The FTC, the FDA, and the Department of Justice will need to navigate these challenges carefully to ensure consumer safety while upholding the principles of free speech and market competition.
Read also:
- Understanding Hemorrhagic Gastroenteritis: Key Facts
- Stopping Osteoporosis Treatment: Timeline Considerations
- Tobacco industry's suggested changes on a legislative modification are disregarded by health journalists
- Expanded Community Health Involvement by CK Birla Hospitals, Jaipur, Maintained Through Consistent Outreach Programs Across Rajasthan
