FTC Announces Settlement with Marketers of Children’s Weight-Loss Product

The Federal Trade Commission (FTC) has announced that the marketers of Pedia Loss, a purported children’s weight-loss product, and Fabulously Feminine, a supposed female libido enhancement product, have agreed to settle FTC charges that they made “false and misleading claims about their products.”

The FTC’s complaint alleged that “the defendants could not support claims that Pedia Loss causes weight loss in overweight or obese children ages six and over, and that when taken by overweight or obese children, Pedia Loss suppresses appetite, increases fat burning, and slows carbohydrate absorption.”

The FTC also alleged that: “the defendants could not support claims that Fabulously Feminine will increase a woman’s libido, sexual desire, and sexual satisfaction” and that “the defendants falsely claimed that clinical testing proves Fabulously Feminine enhances a women’s satisfaction with her sex life and level of sexual desire.”

The defendants under the proposed agreement include: Vineet K. Chhabra (also known as Vincent K. Chhabra) and his companies, Dynamic Health of Florida, LLC, and Chhabra Group, LLC. Two other defendants named in the FTC’s complaint, Jonathan Barash and DBS Laboratories, LLC, previously settled the charges against them.

The proposed agreement requires defendants to rely on “competent and reliable scientific evidence to substantiate weight loss, appetite suppression, fat burning, or carbohydrate absorption claims for Pedia Loss or any other dietary supplement, food, or drug.”

The defendants must also have “competent and reliable scientific evidence to substantiate claims that Fabulously Feminine or any other dietary supplement, food, or drug will increase a woman’s libido, sexual desire, or sexual satisfaction.”

The proposed order prohibits defendants from making “unsubstantiated benefits, performance, or efficacy claims for any dietary supplement, food, or drug, and prohibits the defendants from misrepresenting any test or study.”

Finally, it contains recordkeeping provisions to assist the FTC in monitoring compliance. The Commission vote to accept the consent agreement, subject to public comment, was 5-0.

A consent agreement is for settlement purposes only and does not constitute an admission of a law violation. “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 $11,000.”

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