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Posted March 17, 2004
Marketers of “Focus Factor” and “V-Factor” Fined for Advertising Claims
On March 17 , 2004 the Federal Trade Commission (FTC) reported that the marketers of “Focus Factor,” a dietary supplement that purports to improve concentration, and “V-Factor,” a supplement that purports to enhance sexual performance, have agreed to settle charges that they made numerous unsubstantiated advertising claims for the products. In one complaint, the FTC charges Vital Basics, Inc. of Portland, Maine, and its principals, Robert Graham and Michael Shane (VBI respondents), with not having adequate substantiation to back up claims they made about the efficacy of “Focus Factor” and the safety of “V-Factor Natural Pack.” The VBI respondents have agreed to a consent order containing provisions designed to prevent them from engaging in similar acts or practices in the future and requiring the payment of $1 million in consumer redress. In the other complaint, the FTC charges Creative Health Institute, Inc. of Corinth, Texas, and its principal, Dr. Kyl Smith (CHI respondents), with making unsubstantiated claims about Focus Factor’s ability to improve users’ focus, memory, mood, and concentration. The CHI respondents have also agreed to a consent order designed to prevent similar practices in the future and requiring the payment of $60,000 in consumer redress.
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