Loading ...Featured Article THB UndercoverScore One for the Good Guys
I’m a big believer in the value of nutritional supplements. Knowing how much better I feel when taking them, I get a little nervous when I hear that the government is giving honest supplement companies a hard time. What would we do if they were all run out of business?
That’s why I was happy to read about a reputable supplement company that did everything right and scored a big victory over unfair government bullying tactics.
I was reminded of David taking down the mighty Goliath… when Goliath felt like pushing his weight around.
Goliath in this case is the FTC, the government agency that works closely with the FDA to monitor product advertising. In 2007, the agency placed a $24 million fine against LaneLabs of New Jersey. Their motion charged that the company was making unsubstantiated claims for two of its supplements —AdvaCal and Fertile Male.
Among the company’s supposed offences was the charge that the products did not live up to their advertised claims. This resulted in “injury to consumers.” The company was also accused of misrepresenting the results of clinical trials on both products.
But as shown in a New Jersey courtroom recently, nothing could have been further from the truth.
LaneLabs had a compliance officer on staff when both products were developed and manufactured. This individual ensures that the company follows all government regulations in regard to manufacturing and advertising its products. The compliance officer also sees to it that all internal procedures are correctly followed. These steps ensure the safety and effectiveness of the product.
The company also consulted with experts to interpret all the scientific data during the formulating process. These experts were physicians, researchers or professors of medicine. During courtroom testimony, the judge found them to be “credible and knowledgeable in their respective fields of expertise.”
He added that the testimony of LaneLabs’ experts versus the FTC’s regarding the effectiveness of the products, came down to a difference of opinion and not a matter of right and wrong. In fact, he noted that despite the FTC’s charges, their own experts did not even claim in court that the products in question were not effective or a health risk to the public.
And regarding charges that consumers had complained or were harmed by taking the products? The FTC had no proof of either.
Another point was considered by the judge in his ruling. LaneLabs introduced AdvaCal in 2000 and Fertile Male in 2003. Yet the FTC waited until 2007 to file their motion against the company.
According to the judge, the FTC was totally out of line in filing a motion against the company years after the products were introduced. Not only that, but the agency never contacted LaneLabs stating that they might be doing something wrong.
How could they correct something that they weren’t even told was wrong? And how dangerous could the products have been if it took the agency 4+ years to get around to a fine?
In dismissing the case last month, the judge ruled that contrary to the FTC’s claims, LaneLabs did everything possible and took all “reasonable steps” to comply with government regulations.
While we can plainly see that this is true, what about the FTC and the FDA? They did do something wrong in bringing what amounts to false charges against an honest company.
Both agencies monitor the private sector, especially when it comes to nutritional supplements. But who monitors them? Is there any penalty they have to pay in what amounts to an abuse of power?
This case should set a strong precedent. Baseless lawsuits and fines on the whim of government regulators will not hold up in a court of law. Uncle Sam needs to back off on their senseless attacks of supplement companies under the pretense of protecting the people.
Bravo LaneLabs and Judge Dennis Cavanaugh. You did the right thing and we all won a victory.
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CERTAINLY AGREE W/U NUTRITION SUPPLEMENTS N VITAMINS
Entered: September 9th, 2009 at 5:08 am. PermalinkCERTAINLY IMPORTAN FOR GOOD HEALT
SPECIFFICALLY FOR PEOPLE LIKE US
UNABLE TO GET ENGOGHT SUCH AS..ZINC..VITAMIN/C VITAMIN.E
ETC..VERY USEFUL TO KEEP CIRCULATION HEALTHY
SAM/SATHIT
What is frustrating is that there is no recourse for Lane Labs against the FDA (and or the FTC) for bringing what really amounts to a frivolous lawsuit against the company - especially without apparently asking for supporting data from the company.
On the other hand we do need a regulatory body to make sure that we are not being sold snake oil..but when the regulatory body has unlimited funds and almost unlimited power to coerce and threaten companies who are legitimate and trying to comply with the law… then something is seriously wrong with the system..
Entered: September 9th, 2009 at 5:45 am. PermalinkNo mention was made in the article if LaneLab did demonstrate that their products do in fact live up to the advirtized claims. Or, was the court battle purly a question of scoring points of law? If the later is true then the public has won nothing!
Entered: September 9th, 2009 at 5:53 am. PermalinkThe FTC/FDA is a disgrace. The FDA has been bought and
Entered: September 9th, 2009 at 7:11 am. Permalinkpaid for by Big Pharma. Big Pharma is sucking the life
blood out of our health care. FDA is like a rogue cop
they protect the bad guys to fatten thier bank accounts.
This FDA action against Lanelabs is about goverment control and Freedom, not product saftey, or effectivness.
We do need an honest, non-corrupt agency to regulate the
supplement business, that we do not have at this time (don’t
hold your breath for getting one).
In response to Richard Sweeting’s question, the judge specifically noted in his decision that our advertising claims challenged by FTC were substantiated. This is indeed a win for the public and, of course, our brands.
To read the judge’s decision, please go to
Entered: September 9th, 2009 at 7:12 am. Permalinkhttp://www.lanelabs.com/press/
You can bet greedy Big Pharma was behind the scenes for the fine imposed on LaneLabs by the FTC for “unsubstantiated claims for two supplements”. One small victory for the nutritional supplement industy. God forbid any company outside of Big Pharma eat into their bottomline. Still the pharmaceutical industry and its powerful lobbyists call the shots. Every now and then they get a slap on the wrist for one of their toxic drugs that make it to market. But for every drug that is pulled off the market (sometimes only temporarily) there are way too many other over-priced toxic drugs that make it to market where the side effects (sometimes lethal) far outweigh any benefit they provide. Thankfully Judge Cavanaugh found LaneLabs to be “credible and knowledgeable” and ruled in their favor. More power to the nutritional supplement industry!
Entered: September 9th, 2009 at 10:10 am. PermalinkGlad to see LaneLabs win one! Too bad there is no recourse against FTC for the huge amount of money spent to defend this arbitrary action. Unfortunately this is a common action…litigate until the pockets are no longer deep enough to defend. If penalties were put in place against frivolous actions severe enough, perhaps it would deter these extreme actions. Protect the public yes, but baseless complaints no!
Entered: September 9th, 2009 at 11:38 am. PermalinkWhile Judge Cavanaugh struck a blow for justice, he could and should have gone further, as has happened recently in the case of former New York City Super Cop, Bernie Kerik. The judge in that case ordered criminal investigations of six renegade federal prosecutors for the obvious blatant wrongs committed in their relentless efforts pin something — anything — on Kerik. To balance the scales of justice Judge Cavanaugh should have ordered the FTC-FDA miscreants to pay Lane Labs’ full legal defense costs, including the fine, and should have specified (at the risk of exceeding his judicial authority) that these costs be paid out of the over zealous regulators’ pay checks, not out of their departmental budgets (which could be re-imbursed by Congress thru a “stimulus” or some other grab at the taxpayers’ money.) This would reinforce the concept of individual responsibility for one’s actions, removing the bureaucratic shield that invites exactly the abuses cited here.
Entered: September 9th, 2009 at 11:54 am. PermalinkWhat is frustrating is that there is no recourse for Lane Labs against the FDA (and or the FTC) for bringing what really amounts to a frivolous lawsuit against the company - especially without apparently asking for supporting data from the company.
Entered: September 9th, 2009 at 11:58 am. PermalinkI give thanks to the universe & the many natural health professionals for the heightened awareness I now possess on the vast range of very functional alternatives to chemical drugs. My level of personal research & new awareness have enabled me to work in concert with my MD in a way that provides for me to be in charge of my own health & to make informed decisions taking her recommendations into account. To mention one significant success through natural health options after 20+ years of blindly taking Prilosec on advice on medical I am now completely free of the drug & all through natural health!
Entered: September 9th, 2009 at 3:03 pm. PermalinkI liked the article. More articles spreading throughout the world on the abuses of government powers should be disemminated with regularity. This serves as further evidence that the FTC and the FDA should be heaped upon the same pile as the IRS waiting its turn to be burned to ashes. We’ll all benefit once the flames and embers have died down and the ashes are dispersed as fertilizer.
Entered: September 9th, 2009 at 9:19 pm. PermalinkNO WINNER! Lane Labs didn’t win; they just escaped taking a BIG hit. What did it cost them in legal fees to fight the fine? And you can bet that the FDA and FTC will go right on their merry ways, unjustly levying fines against companies that cannot afford to fight them. Many small businesses will either pay or go bankrupt. Bottom line: Big Pharma will go on winning most such contests with the help of their lackeys at the FDA and FTC. BIG governmant = corrupt government.
Entered: September 9th, 2009 at 9:30 pm. PermalinkThe general theme of the comments so far seems to conclude you can’t fight big brother. You can add me to that list. Unless there is tort reform against government actions, your ONLY option is to pray your company isn’t the target of any investigation.
Entered: September 11th, 2009 at 8:53 am. PermalinkWhat compensation does Lane receive for the stress, expense, and loss of business that they must have suffered during this trying time?
Entered: September 20th, 2009 at 3:27 pm. PermalinkBravo LaneLabs!
Entered: October 12th, 2009 at 2:44 pm. PermalinkI commend you for a job well done.
Keep up the good work!
Michelle from Queens