Hi-Health Settles With FTC 35555

Hi-Health Settles With FTC

SCOTTSDALE, Ariz. & WASHINGTONHi-HealthSupermart Corp. and its owner, Simon Chalpin, signed a consent agreement withthe Federal Trade Commission (FTC) agreeing to stop making allegedly deceptiveadvertising claims for its Premier Formula for Ocular Nutrition- Optim3 (OcularNutrition) and pay a $450,000 fine.

Under the terms of the agreement, Scottsdale, Ariz.-based Hi-Health may no longer claim Ocular Nutrition can restore vision already lost fromage-related macular degeneration (AMD) and eliminate small specks floating inthe field of vision (floaters), unless it has competent and reliablescientific evidence to support those claims.

FTCs complaint alleges Hi-Health and Chalpin promotedOcular Nutrition from January 2002 to June 2004 through a nationwide radioadvertising campaign including testimonials and other statements read on thePaul Harvey News & Comment radio show. In the advertising campaign, OcularNutrition was touted not only for preservation of eyesight, but also forrestoration of vision lost to macular degeneration. FTC said the respondentsalso claimed several studies showed Ocular Nutrition could improve cataracts,and nutritional studies in reputable medical journals confirm the ingredients inOcular Nutrition may help individuals with cataracts and/or floaters. However,according to FTC, there are no nutritional studies in responsible medicaljournals that corroborate the respondents claims. Further, a statementreleased by the National Eye Institute said while studies suggest a link betweenlutein (one of the active ingredients in Ocular Nutrition) and decreased risk ofeye disease, there is little, if any, current definitive scientific evidence tosupport claims that lutein can decrease the risk of developing cataracts,according to FTCs complaint. In addition, FTCs complaint states therespondents cited a false study claiming 83 percent of ophthalmologistsrecommend or prescribe Ocular Nutrition to treat AMD and cataracts.

The consent agreement also prevents the respondents frommaking claims about the benefits, performance, efficacy or safety of anyhealth-related service or program, dietary supplement, food, drug or devicewithout competent and reliable scientific evidence that substantiates theclaims, and bans misrepresentations of any test or study.