• Latest News
  • October 2007
  • September 2006
• News Archive
  • June 2006
  • April 2006
  • March 2006
  • February 2006
  • November 2005
  • October 2005
  • August 2005
  • July 2005
  • June 2005
  • Q1 2005

News

Dietary Supplement Marketing Company Files Suit Against Federal Trade Commission ITV Charges Agency with Harassment and Violation of Free Speech Rights

October 11, 2005   Boston, MA

ITV has filed a lawsuit against the Federal Trade Commission, seeking relief and damages in response to a concerted effort by the Agency to destroy the company's business and suppress its rights to free commercial speech under the First and Fifth Amendments.

The suit follows on years of overt FTC harassment of ITV whose President and CEO, Donald Barrett, has been publicly critical of the Agency for collaborating with major drug companies to suppress alternative remedy manufacturers and distributors. ITV, which is based in Beverly, Mass., sells all-natural products, including dietary supplements, via nationally broadcast infomercials.

The lawsuit charges that FTC has disparately applied commercial speech review standards, allowing other companies that include similar product claims in their commercials to continue doing so unmolested.

"Unfortunately, the FTC has left us no choice but to file this law suit," said Mr. Barrett. "It is certainly not a step I want to take. But it is clear to us at this point that no effort on our part can ever result in a reasonable dialogue with government bureaucrats who are intent on shutting us down and keeping alternative health products from consumers."

In May, 2004, the FTC sued ITV, charging the company lacked documentary information concerning the health benefits of its products. Before that suit was filed, ITV requested a meeting with the FTC to determine precisely what the Agency objected to in the advertisements and to ensure that its future commercials would be fully compliant.

The FTC denied that request for a meeting. The Agency then issued a news release suggesting it had won its case when, in fact, the case is ongoing. The FTC now seeks to prohibit commercials for ITV's popular dietary supplements, Sea Vegg and Flex Protex.

The positive health effects of Sea Vegg, an all natural seaweed based product which is one of the most widely used dietary supplements in the United States, are supported by scientific testimony and literature, while Flex Protex, a natural alternative to non-steroidal anti-inflammatory drugs, has long been sold by a publicly traded company. The commercial claims for these products are based on their beneficial health effects, and there has never been any claim that they provide a directly curative effect. In fact, the Agency has not disclosed a single negative consumer testimonial regarding ITV as a corporation for its products.

According to the ITV lawsuit, the FTC arbitrarily imposes a "competent and reliable scientific evidence" standard to determine the suitability of natural remedies for public advertising. This standard is described in the lawsuit as "unconstitutionally vague."

"We are proud of what we sell," said Mr. Barrett. "We are proud of our impeccable record as a business and we are proud of the many thousands of customers who are loyal to us and who trust us."

"I personally stand by every claim this company has ever made. It is deeply disturbing to me that the government would take such vindictive and protracted action against us. I owe it to my customers, as well as to the 280 people who work for us, to do everything possible to preserve our good name."

ITV has been in business since 2003. The company extends a 90-day money-back guarantee on its products. The industry standard is 30 days.

For more information, please contact: