FTC announces settlement with TruHeight over deceptive advertising of height supplements

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Andrew N. Ferguson Chairman | Federal Trade Commission

FTC announces settlement with TruHeight over deceptive advertising of height supplements

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The Federal Trade Commission announced on Apr. 13 that Vanilla Chip LLC, doing business as TruHeight, and its principals Eden Stelmach and Justin Rapoport have agreed to settle charges of deceptive advertising related to supplements marketed for height growth in children and teenagers. The FTC said the company made unsubstantiated claims about its products' effectiveness and relied on fake or incentivized reviews.

The case highlights concerns about misleading health-related marketing targeting young consumers. The FTC alleged that TruHeight lacked competent scientific evidence to support claims such as “Help your child grow taller! Pure Ingredients, Real Results” and “The Only Supplement Clinically Proven to Help Height Growth.”

Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection, said: “The law is clear: you must have competent and reliable scientific evidence to support health claims about your products or services. TruHeight not only made unsubstantiated claims about its products’ capacity to boost height growth in children and teenagers but also amplified those claims with fake and incentivized reviews.”

According to the FTC complaint, TruHeight used various marketing channels including social media, search engine ads, email campaigns, and its website since at least 2020. The company allegedly published thousands of five-star reviews written by employees or by consumers who received free or discounted products in exchange for positive feedback. Additionally, the complaint states that fake social media profiles operated by automated bots were used to post comments on Facebook and Instagram pages.

As part of a proposed administrative order resolving the complaint, a $4 million judgment will be imposed on TruHeight and its principals—partially suspended due to their inability to pay in full. The order prohibits making false or unsubstantiated health-related claims; bans misrepresentation regarding reviewers; forbids buying consumer reviews conditioned on sentiment; and requires substantiation for any future product benefit statements.

The Commission voted 2-0 in favor of issuing the administrative complaint and accepting the consent agreement. Chairman Andrew N. Ferguson joined Commissioner Mark R. Meador in issuing a separate statement regarding this action.

A description of the consent agreement package will soon be published in the Federal Register for public comment before it becomes final.

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