- The Federal Trade Commission (“FTC”) sued supplement company ZyCal Bioceuticals Healthcare company, Inc. and a related individual (collectively “ZyCal”), and separate a marketing company Excellent Marketing Results, Inc. and a related individual (“EMR”) for using deceptive marketing practices to promote pills for alleviating joint pain in violation of the FTC Act.
- The FTC’s complaint alleges that the pills sold by both defendants included the active ingredient Cyplexinol, which defendants falsely claimed – without scientific evidence – relieves joint pain by growing new bone and cartilage. The complaint also alleges that the companies used deceptive testimonials about the benefits of the pills in their marketing materials.
- In the pending suit against ZyCal, the FTC seeks injunctive relief, rescission or reformation of contracts, restitution, refund of monies paid and disgorgement. The FTC settled with EMR, and the proposed stipulated order enjoins EMR from making false health claims and imposes a $3.6 million judgment, which will be partially suspended upon payment of $145,000 to the FTC to be used for refunds for consumers.