Two Texas-based companies and their owner are banned from advertising or selling dietary supplements, and from making claims that their products treat, cure, or reduce the risk of disease, under a proposed settlement with the Federal Trade Commission.
The action announced today stems from an administrative complaint the FTC filed in November 2020 against Health Research Laboratories, LLC, Whole Body Supplements, LLC, and their owner and officer Kramer Duhon. The complaint alleged the respondents made unsubstantiated claims that their supplements — The Ultimate Heart Formula (UHF), BG18, and Black Garlic Botanicals — prevent or treat cardiovascular and other diseases, and that their supplement Neupathic cures, mitigates, or treats diabetic neuropathy.
“This order banning the respondents from the supplement industry should put an end to their long history of making baseless claims that their products can treat various diseases,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “People with serious health concerns should rely on their health professionals, not advertisements.”
The 2020 administrative complaint was filed after a federal district court judge denied an FTC motion to hold the defendants in contempt for violating an earlier settlement order with the FTC and the State of Maine.
The Commission vote to accept the proposed consent agreement was 4-0. The FTC will publish a description of the consent agreement package in the Federal Register soon. The agreement will be subject to public comment for 30 days, after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments appear in the published notice. Comments must be received 30 days after publication in the Federal Register. Once processed, comments will be posted on Regulations.gov.
NOTE: When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $46,517.