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Advertising Law


Applied Food Sciences sells a green coffee ingredient used in dietary supplements and foods. Applied paid for a study conducted in 2010 on overweight adults in India. But according to the FTC, the research was anything but scientific, as the lead investigator lida daidaihua old version changed key measurements concerning the subjects and misstated which were taking the placebo and which ingested saving money coffee. When the investigator was not able to obtain the study published, Applied hired researchers to rewrite it and never verified the authenticity, despite receiving conflicting data.

Instead, Applied relied upon the research to assert that its green coffee ingredient could help consumers lose 17.7 pounds, 10.5 percent of body weight, and 16 percent of excess fat without diet or exercise in 22 weeks, the FTC alleged in its complaint.

The flawed study was also referenced on the popular daytime talk show. Applied promoted the appearance, although the company knew or must have known the study didn't prove anything, the agency said. "In publicizing the results, it helped fuel saving money coffee phenomenon," Jessica Rich, director from the FTC's Bureau of Consumer Protection, noted in a pr release concerning the action.

Pursuant towards the proposed consent order, Applied be forced to pay the company $3.5 million and notify trade customers that it lacked reasonable scientific support for the weight-loss claims. Moving forward, Applied is prohibited from misrepresenting any facets of tests or studies associated with its products and must provide at least two adequate and well-controlled human studies as scientific substantiation for just about any future weight-loss claims.

To read the complaint and proposed consent order in FTC v. Applied Food Sciences, click the link.

Why it matters: The FTC has taken multiple actions against marketers of green coffee products for deceptive advertising. Earlier this year, the company sued against Pure Green Coffee, a business that made allegedly bogus claims that its extract of green espresso beans lida daidaihua new version may help users lose weight and burn off fat. Along with the Applied Food Sciences action, the agency's efforts function as a reminder that all advertisers can face liability for deceptive claims, even when - like Applied - they don't sell their products directly to consumers.

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