GeneLink Settles with FTC over DNA Product Claims

Two marketers of nutritional supplements that claimed their products — some of which cost more than $100 a month — could be customized to each individual’s unique genetic profile based on a DNA assessment taken from  a consumer’s cheek agreed Monday to a settlement with the Established in 1914 under President Woodrow Wilson, the FTC is the United States government’s primary regulatory authority in the area of consumer protection and anti-competitive business practices in the marketplace. Its Bureau of Consumer Protection assumes the lead in the Commission’s efforts to eliminate deceptive advertising and fraudulent business practices at work in the economy.. The case marks the first enforcement action taken by the agency against marketers of genomics products.

GeneLink, Inc, and its former subsidy, foru International Corp., sold supplements and skincare products supposedly customized to their customer’s DNA samples, which the companies claimed could make up for a person’s genetic disadvantages.

According to the FTC, GeneLink claimed its products could treat diabetes, heart disease, arthritis, insomnia, and other ailments, but the company did not have competent and reliable scientific studies to back up these claims. Supplements cannot legally be advertised to treat, prevent, or cure any disease, whether they’re based on DNA sampling, ancient folklore, or outright guesswork; these claims can only be applied to FDA-approved drugs. Under the settlement agreement, the company can not make such claims unless it has at two adequate and well-controlled studies proving it.

In addition, the FTC charged that the company had not taken adequate security measures to safeguard customers’ data. The settlement requires that the company establish and maintain comprehensive security programs and submit to regular audits.

While this is the first FTC enforcement action of this kind, this is not the first enforcement action taken by federal regulators regarding health claims made by marketers of genetic products. You might be seeing a lot more of these. For more information, see our post on genetic testing service 23andMe.