Medical Device Claims Sent to FTC, FDA

Advertising Law

As a result of Zero Gravity’s failure to respond to its inquiries, the National Advertising Division (NAD) has referred Zero Gravity’s claims for its Perfectio line of medical devices to the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) for review.

As part of its routine monitoring program, the NAD requested substantiation for the online claims that included “The safest and most effective, advanced Anti-aging product today,” “Scientifically proven” and “Within a period of seven weeks, dramatic visible improvement was reported by 100% of the subjects [in the Princeton clinical trial], with 32% improvement measured in the overall appearance of their skin in regards to all key signs of aging.”

The advertiser also made claims about its LED technology, including “Revolutionary LED anti-aging facial rejuvenation technique,” “LED light improves red flushing skin, rosacea and broken capillaries” and “Red light therapy is safe for all skin types and people of all ages.”

Zero Gravity’s ads also included before and after photographs, as well as testimonials such as “I have used it twice a week and since then have noticed a dramatic improvement in the appearance of my skin. My pores seem to be smaller; there is less discoloration caused by my melasma, and there is [a] reduction in my fine lines. Overall, I am pleased with the results.”

The NAD requested substantiation for the claims, but “[d]espite repeated efforts,” the advertiser failed to provide a substantive response or participate in any way in the self-regulatory process, the NAD said.

“Consequently, NAD is referring this matter to the appropriate regulatory agencies for possible law enforcement action,” the self-regulatory body wrote.

To read the NAD’s press release, click here.

Why it matters: Pursuant to the NAD’s policies and procedures, advertisers that fail to respond to the self-regulatory body can find themselves on the receiving end of an inquiry from the FTC, the FDA—or, in the case of Zero Gravity, both.



pursuant to New York DR 2-101(f)

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