The FTC Act defines false advertising as misleading in a “material respect,” which includes both affirmative statements and failure to “reveal facts material in the light of [the product’s] representations[.]” See 15 USC 55(a)(1).The FTC accomplishes its goal by sending warning letters.

liv See generally 15 U.S.C. §§ 45, 46, 49.lv 15 U.S.C. § 45(a). lvi 15 U.S.C. § 45(n).lvii 15 U.S.C. §§ 52-55. lviii 15 U.S.C. § 55(a)(1).lixF.T.C. v. Nat’l Comm’n on Egg Nutrition, 517 F.2d 485, 488 (7th Cir. 1975).lx 15 U.S.C. §§ 45(b), 53(b).

Notably, Section 12(a) of the FTC Act, 15 U.S.C. § 52(a), prohibits the dissemination of any false advertisement in or affecting commerce for the purpose of inducing, or which is likely to induce, the purchase of food, drugs, devices, services, or cosmetics. Supple is a “drug” as “drug” is defined in Section 15(c) of the FTC Act, 15 U.S.C. § 55(c). In a federal action, the FTC charged the manufacturer with utilizing a variety of platforms to market Supple as “clinically proven” to provide various health benefits without adequate substantiation — i.e., scientific or medical studies proving any of the claimed health benefits.