YOU HAD ONE SHOT AND YOU ARE DONE – FTC Enforcement of Prior Actions Against NutraClick

In 2016 a nutraceutical company, NutraClick, ran a very successful campaign using “free” samples of supplements and beauty products. The only problem with this campaign is that NutraClick charged the consumers who took them up on a “free” sample with recurring monthly fee between $29.99 and $79.99 for continuous “not free” products - without the consumers consent. According to the FTC’s complaint, NutraClick did not clearly disclose that people who ordered sample products would be enrolled in a “membership program” unless they canceled within an 18-day “trial period” which ran from the date the “free” sample was sent. Thus, consumers who were expecting a “free” product got a continuous replenishment of that sample without their consent or order. At least 70,000 people filed complaints about the operation. The company netted tens of millions of dollars from the unauthorized recurring charges.