FTC Targets Marketer of Supplements to Help Overcome Opiate Addiction

(November 17, 2015) The Federal Trade Commission (FTC) is continuing its crackdown on dietary supplement marketers who cannot substantiate their health claims.

The latest target is Sunrise Nutraceuticals, LLC. The company markets supplements that “purportedly increase the likelihood that a person will complete opiate withdrawal successfully and overcome opiate addiction.” However, the FTC alleges in a lawsuit filed in Florida that the claims “are false or misleading or were not substantiated at the time the representations were made.”

Sunrise markets the supplements under the Elimidrol brand, with one for daytime and one for nighttime use. The products comprise a combination of vitamins and minerals “and what product labeling identifies as a ‘proprietary blend’ of herbs and other compounds,” the FTC complaint states. According to the FTC, these products are either foods or drugs.

sunrise nutraIn its online advertising, the company claims, among other things, that “Elimidrol is the only opiate withdrawal product guaranteed to work,” “America’s #1 scientifically formulated detox support supplement,” “The high success rate is due to Elimidrol’s potency and ingredient combination,” and “Scientifically formulated to be the #1 Opiate Withdrawal Supplement.” The FTC Act prohibits the dissemination of any false advertisement inducing the purchase of food and drugs. Because these advertising claims were not substantiated and Sunrise’s products are either food or drugs, the claims are considered misleading or false advertising.

This FTC action underscores how important it is for consumer product marketers that make health claims to have scientific substantiation for statements in their promotional materials. The FTC has specific guidelines for what constitutes a health claim and the requirements for scientific substantiation. Balough Law Offices assists its clients with vetting advertising materials to ensure FTC compliance while still meeting the clients’ goals.

Federal Trade Commission v. Sunrise Nutraceuticals, LLC, S.D. Fla. No. 15 CV 81567.