Federal Trade Commission v. Airborne Health, Inc.
United States District Court for the Central District of California
CV08-05300 (2008)
Airborne Health, Inc. (defendant) manufactured dietary supplements and advertised that its products could deliver health benefits and prevent or reduce cold symptoms. The FTC (plaintiff) sued, alleging Airborne's advertising violated the FTC Act by resting on unreliable scientific evidence and misinterpreted studies. Rather than litigate liability, Airborne neither admitted nor denied the allegations and agreed with the FTC to a permanent injunction, presenting the court with a stipulated final judgment and order.
Whether the Federal Trade Commission Act permits a manufacturer to advertise or promote health benefits based on unreliable scientific evidence or misinterpreted studies.