Alexandria, VA—The Alliance for Natural Health USA (ANH-USA), Xlear, Inc., and Better Way Products, Inc. have united to file a formal, 22-page petition with the Federal Trade Commission (FTC). On May 27, 2025, the coalition submitted a petition demanding extensive reforms to FTC's enforcement practices regarding health product advertising to ensure compliance with the Constitution and with the Supreme Court’s latest decisions affecting administrative law.
"The FTC has been unlawfully censoring scientifically supported health information by shifting the burden of proof from the government to the regulated parties and by demanding levels and kinds of proof beyond that required by Congress," explained Rob Verkerk Ph.D., Executive Director of ANH-USA. "Our petition calls on the FTC to stop silencing truthful, non-misleading speech and start respecting the Constitution, the statutory limits on its regulatory authority, and scientific integrity."
Strategic alliance
According to the non-profit public advocacy organization, ANH-USA, the FTC's current requirements are a direct violation to fundamental constitutional rights, especially those under the First and Fifth Amendments, the Federal Trade Commission Act, the Administrative Procedure Act, and the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo. The petition also calls for formal rulemaking by the FTC to end "lawfare" tactics that block the free flow of information to consumers and unfairly targets responsible natural health companies.
Joining the cause against the FTC is Better Way Products, Inc., distributor of highly purified, natural beta glucan health products and Xlear, Inc., manufacturer and distributor of a natural nasal spray. As WholeFoods Magazine has reported, Xlear was the target of a four year FTC litigation in federal court, which ultimately ended up being dismissed with prejudice. The case against the company is an example of the abuse being fought against and its ruling set precedent for judicial and executive recognition of the FTC's overreach.
Key points
The petitioner's request strongly recommends critical changes and underscores several unethical, burden-shifting tactics used by the FTC, which presume guilt without substantial proof including:
- Ending the FTC’s de facto requirement for multiple RCTs for lawful health claims.
- Mandating a "totality of evidence" standard, consistent with established scientific norms and FDA precedent.
- Prohibiting the FTC from interfering with discovery, altering legal theories mid-trial, or ghost-writing expert witness reports.
- Requiring that any claim of consumer deception be substantiated by reliable consumer survey evidence and proof of actual harm.
"This is about restoring fairness, transparency, and constitutional and statutory limits to FTC exercise of power," said Jonathan Emord, constitutional attorney representing all three petitioners. "No agency is above the law, and each must be compelled to end rights violations that have gone on for decades without serious checks.”
A full version of the petition can be accessed here.
