Bureau seeks temporary order to protect consumers while it investigates marketing claims by Nuvocare
GATINEAU, QC, March 11, 2020 /CNW/ - The Competition Bureau has taken legal action to stop Nuvocare Health Sciences Inc. and its President and CEO Ryan Foley from making weight loss and fat burning claims in the marketing of certain natural health products.
The Bureau has asked the Competition Tribunal to issue a Temporary Order requiring Nuvocare to cease making the claims about products such as 'WeightOFF Max!', 'Forskolin Nx' and 'Forskolin+'.
If it is granted, the order would prevent potential harm to consumers while the Bureau completes an ongoing investigation into whether Nuvocare's claims are supported by testing.
Under the Competition Act, claims about the performance or efficacy of a product must be based on adequate and proper testing, which must be conducted before the claims are made. Nuvocare has not provided any testing to support its claims in response to requests from the Bureau.
The Bureau is investigating with support from Health Canada, which is responsible for the licensing and regulation of natural health products in accordance with Canada's Food and Drugs Act and Regulations.
The Bureau's application for the order will be available shortly on the Competition Tribunal's website.
"If performance claims aren't tested and true, then consumers looking for help to lose weight or improve their health aren't getting what they're paying for. Health and online marketing are priority sectors for the Competition Bureau, and we'll continue to do everything in our power to protect consumers."
Commissioner of Competition
- Nuvocare's products are sold online and in store at a variety of major Canadian retailers across the country, including grocery stores, pharmacies and health food stores.
- The Competition Bureau is investigating marketing claims made on Nuvocare's websites and social media accounts, in promotional videos and emails, on product labels and packaging, in magazines and at consumer shows.
- In February 2019, the Bureau issued a warning to all sellers and marketers of natural health products in Canada that weight loss claims must not be false, misleading or unsubstantiated.
- Weight loss claims must be true and supported by testing
- Weight loss products: Deceptive Marketing Practices Digest Vol. 5
- Substantiating performance claims: Deceptive Marketing Practices Digest Vol. 2
- Illegal marketing of natural and non-prescription health products (Health Canada)
The Competition Bureau, as an independent law enforcement agency, ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace.Contacts
SOURCE Competition Bureau
For further information: For media enquiries, please contact: Media Relations, Telephone: 819-994-5945, mail: [email protected]; For general enquiries, please contact: Information Centre, Competition Bureau, Telephone: 819-997-4282, Toll free: 1-800-348-5358, TTY (hearing impaired): 1-866-694-8389