Xlear: Difference between revisions
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On the 28<sup>th</sup> of October, 2021, the US Department of Justice filed a complaint against Xlear, Inc. on the behalf of the FTC for falsely marketing its nasal spray as an effective COVID-19 preventative, seeking to impose financial penalties on the company and to bar them from continuing to make unsubstantiated medical claims about their products.<ref name=":02" /><ref name=":12" /> | On the 28<sup>th</sup> of October, 2021, the US Department of Justice filed a complaint against Xlear, Inc. on the behalf of the FTC for falsely marketing its nasal spray as an effective COVID-19 preventative, seeking to impose financial penalties on the company and to bar them from continuing to make unsubstantiated medical claims about their products.<ref name=":02" /><ref name=":12" /> | ||
According to the complaint, since at least March 2020, Xlear marketed their nasal sprays as an effective preventative and treatment against COVID-19, claiming that their nasal sprays provide up to 4 hours of protection against COVID-19. The FTC alleged that Xlear lacked a factual or scientific base to support their claims.<ref>https://www.ftc.gov/system/files/documents/cases/filed_complaint_xlear_v_jones_v.1.pdf</ref> | According to the complaint, since at least March 2020, Xlear marketed their nasal sprays as an effective preventative and treatment against COVID-19, claiming that their nasal sprays provide up to 4 hours of protection against COVID-19. The FTC alleged that Xlear lacked a factual or scientific base to support their claims.<ref>https://www.ftc.gov/system/files/documents/cases/filed_complaint_xlear_v_jones_v.1.pdf - [[:File:Xlear filed complaint xlear v jones v.1.pdf|Archived]] from the original on 2026-02-03.</ref> | ||
The Trump Justice Department, on the behalf of the FTC, asked for the case to be dismissed with prejudice on the 10<sup>th</sup> of March, 2025, but did not explain its reasoning for the dismissal.<ref name=":02" /><ref>https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf</ref> | The Trump Justice Department, on the behalf of the FTC, asked for the case to be dismissed with prejudice on the 10<sup>th</sup> of March, 2025, but did not explain its reasoning for the dismissal.<ref name=":02" /><ref>https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf - [[:File:Xlear 2123045xleardismissstipulation.pdf|Archived]] from the original on 2026-02-03</ref> | ||
On the 18<sup>th</sup> of June, 2025, Xlear filed a lawsuit against the FTC in an attempt to make it harder for the FTC to go after health claims.<ref name=":2">https://www.allaboutadvertisinglaw.com/wp-content/uploads/sites/21/2025/06/COMPLAINT-against-Andrew-N-Ferguson.pdf</ref> The company's central argument is that the FTC Act prohibits only false or deceptive statements – not unsubstantiated ones.<ref name=":2" /><ref>{{Cite web |date=27 Jun 2025 |title=Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper |url=https://www.allaboutadvertisinglaw.com/2025/06/xlear-v-ftc-utah-company-files-challenge-to-long-standing-ftc-substantiation-requirements-post-loper.html |archive-url=https://web.archive.org/web/20250707232557/https://www.allaboutadvertisinglaw.com/2025/06/xlear-v-ftc-utah-company-files-challenge-to-long-standing-ftc-substantiation-requirements-post-loper.html |archive-date=7 Jul 2025 |website=Venable}}</ref> | On the 18<sup>th</sup> of June, 2025, Xlear filed a lawsuit against the FTC in an attempt to make it harder for the FTC to go after health claims.<ref name=":2">https://www.allaboutadvertisinglaw.com/wp-content/uploads/sites/21/2025/06/COMPLAINT-against-Andrew-N-Ferguson.pdf - [[:File:Xlear COMPLAINT-against-Andrew-N-Ferguson.pdf|Archived]] from the original on 2026-02-02.</ref> The company's central argument is that the FTC Act prohibits only false or deceptive statements – not unsubstantiated ones.<ref name=":2" /><ref>{{Cite web |date=27 Jun 2025 |title=Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper |url=https://www.allaboutadvertisinglaw.com/2025/06/xlear-v-ftc-utah-company-files-challenge-to-long-standing-ftc-substantiation-requirements-post-loper.html |archive-url=https://web.archive.org/web/20250707232557/https://www.allaboutadvertisinglaw.com/2025/06/xlear-v-ftc-utah-company-files-challenge-to-long-standing-ftc-substantiation-requirements-post-loper.html |archive-date=7 Jul 2025 |website=Venable}}</ref> | ||
==References== | ==References== | ||
Revision as of 16:54, 2 February 2026
❗Article Status Notice: This Article is a stub
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| Basic information | |
|---|---|
| Founded | 2000 |
| Legal Structure | Private |
| Industry | Nasal sprays |
| Also known as | |
| Official website | https://xlear.com |
Xlear is a Utah-based nasal spray company which falsely advertised its nasal spray as a COVID-19 preventative and treatment. In 2021, the FTC sued Xlear for this false claim.[1][2]
Background
Xlear was founded in 2000, and creates xylitol-based sinus and oral care products.[3]
Consumer Impact Summary
In 2021, Xlear was sued by the FTC for false advertising. In 2025, Xlear filed a lawsuit against the FTC which would make it harder for the FTC to punish unsubstantiated health claims, thereby harming consumers of medical products.
Incidents
False COVID-19 medical claims (October 28, 2021)
On the 28th of October, 2021, the US Department of Justice filed a complaint against Xlear, Inc. on the behalf of the FTC for falsely marketing its nasal spray as an effective COVID-19 preventative, seeking to impose financial penalties on the company and to bar them from continuing to make unsubstantiated medical claims about their products.[1][2]
According to the complaint, since at least March 2020, Xlear marketed their nasal sprays as an effective preventative and treatment against COVID-19, claiming that their nasal sprays provide up to 4 hours of protection against COVID-19. The FTC alleged that Xlear lacked a factual or scientific base to support their claims.[4]
The Trump Justice Department, on the behalf of the FTC, asked for the case to be dismissed with prejudice on the 10th of March, 2025, but did not explain its reasoning for the dismissal.[1][5]
On the 18th of June, 2025, Xlear filed a lawsuit against the FTC in an attempt to make it harder for the FTC to go after health claims.[6] The company's central argument is that the FTC Act prohibits only false or deceptive statements – not unsubstantiated ones.[6][7]
References
- ↑ 1.0 1.1 1.2 Felner, Lauren (2025-06-25). "A nasal spray company wants to make it harder for the FTS to police health claims". The Verge. Archived from the original on 24 Jun 2025.
- ↑ 2.0 2.1 "FTC Sues Utah-based Company for Falsely Claiming Its Nasal Sprays Can Prevent and Treat COVID-19". Federal Trade Commission. 2021-10-28. Archived from the original on 15 Feb 2024.
- ↑ "About Xlear". Xlear. Archived from the original on 4 Jan 2026.
- ↑ https://www.ftc.gov/system/files/documents/cases/filed_complaint_xlear_v_jones_v.1.pdf - Archived from the original on 2026-02-03.
- ↑ https://www.ftc.gov/system/files/ftc_gov/pdf/2123045xleardismissstipulation.pdf - Archived from the original on 2026-02-03
- ↑ 6.0 6.1 https://www.allaboutadvertisinglaw.com/wp-content/uploads/sites/21/2025/06/COMPLAINT-against-Andrew-N-Ferguson.pdf - Archived from the original on 2026-02-02.
- ↑ "Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper". Venable. 27 Jun 2025. Archived from the original on 7 Jul 2025.