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Posted July 21, 2003

FTC Stops False Advertising of Heavily Promoted Supplements for Breast Enhancment, Male Virility, and Snoring

On June 10, 2003, the Federal Trade Commission (FTC) announced that infomercial marketers Wellquest International, Inc. and Tony Hoffman Productions, Inc. (THPI) and others have agreed to settle charges by the FTC that they made false and unsubstantiated claims for three products - Bloussant, sold for breast enhancement; EnerX, sold for men's virility, and D-Snore, sold to relieve snoring - in violation of the FTC Act. The defendants also have agreed to settle charges that they made misrepresentations and failed to disclose material terms in connection with third-party buying club memberships they "upsold" to consumers after the consumers agreed to purchase Wellquest's products. The proposed settlement requires the defendants to pay $3.2 million in consumer redress and to possess scientific substantiation before making certain claims about dietary supplements, foods, drugs, or cosmetics. The settlement also requires the defendants to comply with the FTC's newly amended Telemarketing Sales Rule.

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