UNITED STATES OF AMERICA 

 Federal Trade Commission 

 WASHINGTON, D.C. 20580 

 Division of Advertising Practices

 April 13, 2023 

Via Federal Express 

[NAME] 

 

 Re: Notices of Penalty Offenses 

Dear [NAME]: 

I am enclosing a Notice of Penalty Offenses Concerning Substantiation of Product 

Claims (“Substantiation Notice”) and a Notice of Penalty Offenses Concerning Deceptive or 

Unfair Conduct around Endorsements and Testimonials (“Endorsement Notice”). We 

recommend that you carefully review both notices and take any steps necessary to ensure that 

your company’s practices do not violate the law. 

Receipt of a notice of penalty offenses puts your company on notice that engaging in 

conduct described therein could subject the company to civil penalties of up to $50,120 per 

violation. See 15 U.S.C. § 45(m)(1)(B).

Each notice consists of Commission determinations in prior litigated cases that certain 

practices are deceptive or unfair and, thus, are unlawful under Section 5 of the Federal Trade 

Commission Act. 

As set forth in more detail in the Substantiation Notice, such unlawful acts and practices 

include failing to have adequate support for: objective product claims; claims relating to the 

health benefits or safety features of a product; or claims that a product is effective in the cure, 

mitigation, or treatment of any serious disease. These unlawful acts and practices also include: 

misrepresenting the level or type of substantiation for a claim, and misrepresenting that a product 

claim has been scientifically or clinically proven. 

As set forth in more detail in the Endorsement Notice, such unlawful acts and practices 

include: falsely claiming an endorsement by a third party; misrepresenting that an endorsement 

represents the experience or opinions of product users; misrepresenting that an endorser is an 

actual, current, or recent user of a product or service; continuing to use an endorsement without 

good reason to believe that the endorser continues to hold the views presented; using an 

endorsement to make deceptive performance claims; failing to disclose an unexpected material 

connection with an endorser; and misrepresenting that the experience of endorsers are typical or 

ordinary. Note that positive consumer reviews are a type of endorsement, so such reviews can be 

unlawful if they are fake or if a material connection is not adequately disclosed. 
[NAME] 

April 13, 2023 

Page 2 of 2 

We request that you distribute copies of the notices and this letter to your subsidiaries. 

This letter does not reflect any assessment as to whether you have engaged in deceptive 

or unfair conduct. We are distributing similar letters to numerous other companies. 

Copies of the case decisions discussed in the Substantiation Notice are available on the 

Commission’s website at www.ftc.gov/substantiation-notice. Copies of the case decisions 

discussed in the Endorsement Notice are available on the Commission’s website at 

www.ftc.gov/endorsement-notice-penalty-offenses. 

For further information on the marketing of health-related products, please see FTC 

staff’s “Health Products Compliance Guidance,” available at www.ftc.gov/healthcompliance. 

If you have any questions about this letter or the enclosed materials, please contact 

Christine DeLorme at cdelorme@ftc.gov or (202) 326-2095 or Michael Ostheimer at 

mostheimer@ftc.gov or (202) 326-2699. 

Very truly yours, 

Serena Viswanathan 

Associate Director