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Lawsuit Aims to Dismantle FTC's Health Claim Regulations
22 Aug
Summary
- Lawsuit by supplement maker Xlear challenges FTC's evidence requirements
- Trump administration loosening enforcement of unproven health claims
- Alternative medicine advocates see "once-in-a-lifetime opportunity" under new HHS secretary
As of August 22nd, 2025, a lawsuit filed by supplement maker Xlear threatens to upend the Federal Trade Commission's (FTC) longstanding requirement for companies to substantiate any health claims about their products. The lawsuit, which was filed in June, seeks to prohibit the FTC from demanding convincing evidence, such as clinical trials, to back up marketing claims.
This legal challenge comes amid a broader push by the Trump administration to loosen enforcement of unproven health claims by the FTC, the Department of Justice, and the Food and Drug Administration. Allies of the "medical freedom" movement, including alternative medicine practitioners and vaccine skeptics, see this as a "once-in-a-lifetime opportunity" under the new Health and Human Services (HHS) secretary, Robert F. Kennedy Jr.
The FTC has traditionally played a key role in policing the supplement industry, successfully suing companies that make unsupported health claims. However, the agency has faced staffing shortages and a more hands-off approach under the Trump administration. If Xlear's lawsuit succeeds, it would be a "complete game changer," allowing companies to make virtually any claim about their products without fear of regulatory action.
