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Pain Relief Not Guaranteed: FTC Goes After TENS Device Marketer for Making Allegedly False Claims

  • The FTC reached a settlement with NeuroMetrix, Inc and its CEO (collectively “NeuroMetrix”), the marketer of a transcutaneous electrical nerve stimulation (“TENS”) device, to resolve allegations that NeuroMetrix made deceptive claims about the device’s ability to treat pain and its clearance by the FDA in violation of the FTC Act.
  • According to the complaint, the FTC alleged that NeuroMetrix sold the Quell line of TENS devices with advertisements falsely claiming that it was “clinically proven” and “FDA cleared” for chronic pain relief.
  • Under the terms of the stipulated order, among other things, NeuroMetrix is enjoined from making unsubstantiated health claims—including deceptive claims about the Quell TENS device ability to provide whole-body pain relief or is FDA-cleared—must pay a $4 million judgment, and must turn over to the FTC all future foreign licensing payments it receives for the Quell TENS devices.