Nutramax Settles FTC Charges

WASHINGTON--The Federal Trade Commission (FTC) announced a proposed consent agreement with dietary supplement maker Nutramax Laboratories Inc (www.nutramaxlabs.com). The agreement would settle FTC's charges that Nutramax made unsubstantiated claims that its product Senior Moment could prevent memory loss and restore memory function in adults.

The proposed consent agreement (available online at www.ftc.gov) prohibits Nutramax from representing that Senior Moment can prevent or reverse the effects of memory loss, unless it has competent and reliable scientific evidence for that claim. It also requires Nutramax to have competent and reliable scientific evidence substantiating all claims about the benefits of any product sold for cognitive function, or for the treatment or prevention of any related disease or disorder. Finally, the agreement prohibits the company from misrepresenting any study in connection with the marketing or sale of such products.

Nutramax will also be required to maintain a file of all advertising and marketing materials containing claims for products for cognitive function, as well as the data and evidence related to the claim, for five years after the last time such a representation is made. This file must be made available to the FTC upon request.

In a statement to HSR, the company emphasized it has cooperated fully with FTC, that the consent agreement includes no fines or penalties, and that the product will remain on the market under the same name. The company is changing the wording of product claims, focusing on nutritional support for healthy brain function rather than claims for effects on memory.