FTC Action Against TruHeight
Under a finalized order from the Federal Trade Commission (FTC) dated July 14, Vanilla Chip LLC, operating as TruHeight, and its principals, Eden Stelmach and Justin Rapoport, will pay $750,000. This followed the FTC’s suspension of a larger $4 million judgment due to the company’s inability to pay. The order imposes strict advertising and marketing restrictions on TruHeight’s products.
Key Findings
- The FTC alleged that TruHeight falsely marketed supplements as capable of increasing height in children and teenagers without adequate scientific backing. Misleading consumer reviews were reportedly employed to promote these products.
- The FTC’s decision was made following a 2-0 vote after a public comment period on a proposed settlement announced in April.
Advertising Restrictions
The final order limits TruHeight from claiming that its supplements can increase height unless such claims are substantiated by reliable scientific evidence. This includes:
- Human Clinical Data: Claims related to health benefits must be supported by rigorous testing, specifically randomized, double-blind, placebo-controlled trials.
- Consumer Reviews: TruHeight is prohibited from misrepresenting consumer testimonials and cannot offer incentives in exchange for reviews.
Compliance Changes
A spokesperson for TruHeight stated that the company had been proactive with compliance changes, having begun to enhance its compliance programs approximately 18 months prior to the settlement announcement. Key measures included:
- Formal claims review processes with external regulatory counsel.
- New procedures for managing testimonials and influencer content.
Company Response
Stelmach expressed the FTC process had prompted significant operational changes for TruHeight, improving compliance and customer communication. The company aims to build trust with consumers, retailers, and regulators as it moves forward.
NutraIngredients reached out to the FTC for further comments, but they declined beyond their published materials.
