Too bad you couldn't get QGLY shares:
Zinc-Lozenge Maker Backs Off Claim
Filed at 9:20 p.m. EST
By The Associated Press WASHINGTON (AP) -- A company and cable network that touted a brand of zinc lozenges as a way to prevent colds and alleviate allergy symptoms have agreed to settle federal charges that they could not back up those claims, regulators announced Tuesday.
Quigley Corp., which makes Cold-Eeze brand zinc lozenges, and home-shopping network QVC, which promoted the products in its programming, said in their proposed settlement that they would no longer promote benefits of the lozenges without adequate support.
The Federal Trade Commission had sued the companies, saying that they had made unsubstantiated claims that Cold-Eeze could prevent colds, relieve the symptoms of allergies and hay fever, reduce the risk of contracting pneumonia and reduce the severity of cold symptoms in children. Many of the claims were made on QVC programming, according to the FTC, both by QVC show hosts and by Quigley representatives featured on the network.
Quigley also made claims in radio advertising and on the Internet, including touting that another product, Kids-Eeze Bubble-Gum, could reduce the severity of cold symptoms in children, the commission alleged.
Quigley said it has scientific evidence to substantiate its claims that its lozenges reduce common cold symptoms in adults. But the company admitted it cannot guarantee that its product will prevent colds, relieve or reduce the symptoms of hay fever and allergies or prevent children from catching colds.
''With the cold and flu season fast approaching, many consumers are looking for products to help them stay healthy or feel better,'' said Jodie, director of the FTC's bureau of consumer protection. The settlement ''will help remind marketers of their responsibility to back up all advertising claims.''
By law, dietary supplements cannot promise to directly treat or prevent disease, but they can make more vague claims of ''supporting bodily functions.'' The FTC can take action if a product's advertisement makes a false claim.
Under the settlement, the companies would need competent scientific evidence to corroborate claims made about the product.
Guy, president and chief executive officer of, Pa.-based Corp., said the claims of concern to regulators ''largely relate to spontaneous statements made on QVC several years ago, and not any core claims of Cold-Eeze.'' He said the FTC took no action against the company's claims that the zinc lozenges could reduce the severity of common cold symptoms.
In a statement, the West Chester, Pa.-based QVC said the network would ''continue its longstanding policy of substantiating all claims for food, drug and dietary supplement products with reliable scientific evidence.''
After the consent order is published in the federal register, it will be open for public comment for 60 days. Then, the FTC will decide whether to make the settlement final.
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