Factor Nutrition Labs continues to market its product "Focus Factor" as a dietary supplement that "supports and maintains memory, concentration and focus." What makes this claim incredulous is that in 2004, the Federal Trade Commission charged the marketers of "Focus Factor" with having made numerous unsubstantiated advertising claims about the product. In addition, the advertising was also said to be deceptive because the company failed to disclose that certain testimonial "endorsers" in the advertising were either on the company payroll or had been solicited with promises of a free six-month supply of the product. These charges were resolved when the marketers agreed to pay heavy fines. Unfortunately, paying a million dollars in fines is not enough to convert dishonest marketers into honest ones. And to make matters worse, Factor Nutrition Labs, which markets itself as "the leaders in brain nutrition" has even targeted children by creating a supplement called "Focus Factor for Kids."
Yet, both supplements contain nothing more than vitamins, minerals, herbs and amino acids, many of which are already found in ordinary vitamins. Moreover, there is little or no verifiable scientific evidence to substantiate the broad claims about what these products can do. Nevertheless, the manufacturers continue to claim that its "proprietary" formula is different and uses this claim to justify charging you an exorbitant $80 per month!
If you have purchased "Focus Factor" or "Focus Factor for Kids," you may have been a victim of deceptive advertising. Please contact us to discuss your legal rights.