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Federal Trade Commission v. Airborne Health, Inc.

United States District Court for the Central District of California
CV08-05300 (2008)

Written by Sheri Dennis, JD

Facts

Airborne Health, Inc. (Airborne) (defendant) was the manufacturer of certain dietary-supplement products. Airborne advertised that its products could provide health benefits and prevent or reduce cold symptoms. The Federal Trade Commission (FTC) (plaintiff) sued Airborne, alleging that Airborne had violated provisions of the Federal Trade Commission Act (FTCA), 15 U.S.C. §§ 45(a) and 52, by falsely advertising its products’ capabilities based on unreliable scientific evidence and misinterpretations of tests and studies. Airborne did not admit or deny liability. Rather, the parties agreed to a permanent injunction and settlement of all claims and presented the district court with a stipulated final judgment and order.

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