FTC and FDA Take Action Against Unproven Diabetes Treatments

On September 9, 2021, the Federal Trade Commission (“FTC”) announced they teamed up with the U.S. Food and Drug Administration (“FDA”) to address concerns regarding companies advertising unproven treatments or cures for diabetes. The FTC issued cease-and-desist letters to 10 companies, including Ar-Rahmah Pharm, Aceva, and others, directing them to halt their claims within 15 days or potentially face legal action. Samuel Levine, Acting Director of the FTC’s Bureau of Consumer Protection, highlighted the risks of misleading products amidst rising insulin costs, emphasizing the importance of evidence-backed treatments. The FDA simultaneously issued warning letters, citing violations of the Federal Food, Drug, and Cosmetic Act due to unapproved and misbranded products. Under the FTC Act, marketers making unsubstantiated claims about preventing, treating, or curing diseases like diabetes may face significant penalties and be required to reimburse affected consumers. The agencies underscored the potential dangers of untested products, including unknown interactions with FDA-approved medications and safety concerns.