FTC’s Final Order in Deceptive Advertising of Anti-Aging Skin Care

Following a public comment period, the Federal Trade Commission has approved a final consent order settling deceptive advertising charges against Telomerase Activation Sciences, Inc. and Noel Patton (collectively, TA Sciences).
 
According to the FTC’s February 2018 complaint, TA Sciences lacked the scientific evidence to support claims that its capsules, powder, and cream could provide a broad range of anti-aging and other health benefits. The complaint specifically addressed allegedly deceptive advertising and endorsements regarding the efficacy and health benefits of two products, TA-65MD, which comes in capsule and powder forms, and TA-65 for Skin, a topical cream.
 
The final order settling the FTC’s charges prohibits TA Sciences from making any representation about the health benefits, performance, efficacy, safety, or side effects of any covered product, including TA-65MD and TA-65 Skin, unless it is not misleading and is supported by competent and reliable scientific evidence.
 
It also prohibits TA Sciences from misrepresenting that any paid commercial advertising is independent programing, as well as failing to disclose any material connection between a product endorser and the company. Finally, it bars TA Sciences from misrepresenting that any endorser is an independent user of a product.
 
The Commission vote approving the final consent order and letter to the member of the public who commented was 2-0