Respondents: Natural Organics, Inc. and Gerald A. Kessler

Type:  Deceptive Health Product Claims

The FTC alleged that Natural Organics, Inc., doing business as "Nature’s Plus," advertised through print ads, a brochure, an informational letter, and its Web site and made unsubstantiated claims that its product Pedi-Active A.D.D. would treat or mitigate Attention Deficit Hyperactivity Disorder (ADHD) or its symptoms, including inattention and poor scholastic performance.

In a consent reached with respondents, the notice order prohibits Natural Organics from claiming that any food, drug or dietary supplement will improve the attention span of children; will improve the scholastic performance of children; or can treat or mitigate ADHD or its symptoms, unless the claims are substantiated by competent and reliable scientific evidence. The order also would prohibit Natural Organics from using the name "A.D.D." or any other name that represents that the product can treat or mitigate ADHD, in connection with the sale of Pedi-Active A.D.D. or any other substantially similar product, unless Natural Organics could substantiate its claims. In addition, the notice order would prohibit respondents from making any unsubstantiated claims about the health benefits, performance, or efficacy of any food, drug or dietary supplement. The order would allow respondents to make representations specifically permitted by the FDA.

Following a public comment period, the Commission has made final the consent agreement. The Commission vote to approve the agreement as final was 5-0. (FTC File No. 972-3175, Docket No. 09294)