| To: Posters of Health-Related
Commercial Messages and Readers of this Usenet Newsgroup
From: Federal Trade Commission Re:
Health Claims made on the Internet in Usenet Newsgroups
The Federal Trade Commission (FTC), its federal and state law enforcement partners, and public health and consumer protection agencies from Mexico and Canada are posting this message to this and other relevant Usenet newsgroups based upon a review of the health-related promotions disseminated in them. We are also sending a similar message to the disseminators of certain World Wide Web sites that make comparable health claims in advertising on the Web. While this message is directed primarily to the posters of health-related commercial messages, we welcome comments from readers of this newsgroup concerning health-related promotions posted here. Please e-mail your comments to [email protected]." The FTC and its partners have NOT determined whether any specific promotion posted in this newsgroup violates United States federal or state laws, Mexican law, or Canadian law. Nevertheless, we want to state that when health claims are made in any medium to promote a product, service, or treatment, those claims must be truthful and non-deceptive. Furthermore, we are aware that many newsgroups and newsgroup search engines do not allow the posting of advertisements for commercial products or services. However, the FTC and its partners did discover a number of health-related promotions posted in this newsgroup and wish to bring the following information to the attention of the promotions' initiators. Deceptive Acts or Practices Are Unlawful under the FTC Act In the United States, Section 5 of the FTC Act (15 U.S.C. § 45), prohibits deceptive acts or practices in or affecting commerce. In addition, Section 12 of the Act (15 U.S.C. § 52) prohibits the dissemination of any false advertisement to induce the purchase of any food, drugs, or devices. An advertisement is misleading and deceptive if the advertiser makes an objective claim, either expressly or by implication, including through the use of consumer testimonials, without a "reasonable basis" to support that claim. As set out in the Commission's Advertising Substantiation Policy Statement, advertisements that specify the level of substantiation that the advertiser possesses (e.g., "tests prove" or "studies show") must be supported by at least that level of evidence. If the advertisement does not specify a particular type of substantiation, the Commission considers several factors in determining the appropriate level of substantiation. Typically, health claims such as those made in advertising found posted in this newsgroup must be substantiated by competent and reliable scientific evidence. Competent and reliable scientific evidence is defined as tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results. Anecdotal evidence and consumer testimonials are not considered competent and reliable scientific evidence. Please consult the FTC's Web site at http://www.ftc.gov for further information. Possible Violations in Other Jurisdictions
Unfair or deceptive acts or practices are also unlawful under various state
statutes in the United States. The standards under these statutes
may be different from those of the FTC's. In addition, by posting
an advertisement in a newsgroup, you may be subject to scrutiny in other
countries where you sell your products. You should be aware that
many countries, including Mexico and Canada, also have laws that generally
require advertisements to be truthful and non-deceptive.
Federal Trade Commission
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