Hi-Health Settles With FTC

SCOTTSDALE, Ariz. & WASHINGTON--Hi-Health Supermart Corp. and its owner, Simon Chalpin, signed a consent agreement with the Federal Trade Commission (FTC) agreeing to stop making allegedly deceptive advertising claims for its Premier Formula for Ocular Nutrition-Optim3 (Ocular Nutrition) and pay a $450,000 fine.

Under the terms of the agreement, Scottsdale, Ariz.-based Hi-Health may no longer claim Ocular Nutrition can restore vision already lost from age-related macular degeneration (AMD) and eliminate small specks floating in the field of vision ("floaters"), unless it has competent and reliable scientific evidence to support those claims.

FTC's complaint alleges Hi-Health and Chalpin promoted Ocular Nutrition from January 2002 to June 2004 through a nationwide radio advertising campaign including testimonials and other statements read on the Paul Harvey News & Comment radio show. In the advertising campaign, Ocular Nutrition was touted not only for preservation of eyesight, but also for restoration of vision lost to macular degeneration. FTC said the respondents also claimed several studies showed Ocular Nutrition could improve cataracts, and nutritional studies in reputable medical journals confirm the ingredients in Ocular Nutrition may help individuals with cataracts and/or floaters. However, according to FTC, there are no nutritional studies in responsible medical journals that corroborate the respondents' claims. Further, a statement released by the National Eye Institute said while studies suggest a link between lutein (one of the active ingredients in Ocular Nutrition) and decreased risk of eye disease, there is little, if any, current definitive scientific evidence to support claims that lutein can decrease the risk of developing cataracts, according to FTC's complaint. In addition, FTC's complaint states the respondents cited a false study claiming 83 percent of ophthalmologists recommend or prescribe Ocular Nutrition to treat AMD and cataracts.

The consent agreement also prevents the respondents from making claims about the benefits, performance, efficacy or safety of any health-related service or program, dietary supplement, food, drug or device without competent and reliable scientific evidence that substantiates the claims, and bans misrepresentations of any test or study.

At press time, Hi-Health had not returned INSIDER's requests for comment.