HeightMax Marketers Settle with FTC

TAMPA , Fla.—The Federal Trade Commission (FTC) announced a stipulated final order in conjunction with the agency’s complaint that a Florida firm made false and unsubstantiated claims for dietary supplements. Among the targeted products from Sunny Health Nutrition & Technology were HeightMax, Liposan Ultra Chitosan Fat Blocker and Osteo-Vite.

The primary focus of the settlement was HeightMax, which was advertised as having the ability to increase height in users ages 12 to 25, up to an additional 2 to 3 inches in six months. It was also promoted as having clinical tests proving its efficacy in increasing height, in addition to claims it could also increase lean body mass and reduce body fat. The claims for Liposan Ultra concerned weight loss, while Osteo-Vite was marketed for bone building.

In the order entered in U.S. District Court, Middle District of Florida, the defendants neither admit nor deny the FTC allegations; however, they will pay $375,000 in consumer redress, with a $1.9 million umbrella judgment if they are found to have misrepresented their financial position. The defendants agreed any future marketing for any dietary supplement, food or drug must be true, non-misleading and substantiated. In addition, the defendants are barred from misrepresenting endorsements, including the existence or expertise of any endorser; the firm allegedly “invented” its medical expert for the HeightMax product.