WASHINGTON (Legal Newsline) — The Federal Trade Commission (FTC) announced Jan. 11 that CellMark Biopharma LLC and its CEO, Derek E. Vest, will settle allegations of making unsupported claims about two health products that the company sold.
According to the FTC, CellMark deceptively advertised CellAssure, a product that supposedly treated cancer-related malnutrition, and Cognify, a product that supposedly treated cancer-related “chemo fog.” The FTC noted that CellAssure was sold in monthly supplies that cost $248 a month, and Cognify was sold in monthly supplies that cost $79 a month.
The defendants said through advertising that CellAssure “specifically addresses the malnutrition suffered by over 80 percent of all cancer patients” and alleged that it treats cancer with its “anti-cancer and anti-tumor properties.”
The defendants said that Cognify was “the world’s first product designed specifically to alleviate . . . chemo fog . . . .”
According to the FTC, the defendants did not have any scientific evidence to back up the claims. To settle the FTC allegations, the defendants agreed to be banned from engaging in similar conduct in the future and not make health claims about their products without verified scientific evidence.
The FTC voted 2-0 to authorize the filing of the complaint and proposed final stipulated order. The documents were filed in the U.S. District Court for the Middle District of Florida.