Alexandria, VA – May 28, 2025 — The Alliance for Natural Health USA (ANH-USA), alongside co-petitioners Xlear, Inc. and Better Way Products, has filed a formal, 22-page petition with the Federal Trade Commission (FTC). The petition, filed May 27, 2025, demands sweeping reforms to the agency’s enforcement practices regarding health product advertising to ensure compliance with the Constitution and with the Supreme Court’s latest decisions affecting administrative law. This landmark action challenges the FTC’s long-standing insistence on demanding more than one randomized controlled trial (RCT) as a prerequisite for each health benefit claim, even when a broader body of scientific evidence exists in support of the claims.
The petition asserts that the FTC’s current requirements violate fundamental constitutional rights, including those under the First and Fifth Amendments, as well as the Federal Trade Commission Act, the Administrative Procedure Act, and the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo.
“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,” stated Rob Verkerk PhD, 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.”
The petition highlights the FTC’s improper burden-shifting tactics, which presume guilt without proof, and advocates for critical reforms 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.
Notably, Xlear, Inc., a manufacturer of a natural nasal spray, recently faced—and defeated—FTC litigation that epitomized these abuses. The Department of Justice moved to dismiss that case with prejudice in March 2025, signaling a precedent-setting shift in judicial and executive recognition of FTC overreach.
The petition specifically calls for formal rulemaking by the FTC to end “lawfare” tactics that unfairly target responsible natural health companies and obstruct the free flow of truthful information to consumers. This action aligns with the Executive Order on Ending the Weaponization of the Federal Government and the Presidential Memorandum on Unlawful Regulations, reinforcing the legal mandate for agency accountability.
“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.”
The full petition is available upon request or can be accessed at this LINK.
About the Petitioners
- Alliance for Natural Health USA (ANH-USA): ANH-USA is a non-profit public advocacy organization representing healthcare providers, manufacturers, distributors of health products, and over 650,000 health product consumers across the United States.
www.anh-usa.org
- Xlear, Inc.: Xlear, Inc. is a manufacturer and distributor of a natural nasal spray that was the subject of FTC litigation in federal court, which the agency ultimately dropped with prejudice.
www.xlear.com - Better Way Products, Inc. is a distributor of highly purified, natural beta glucan health products. The company is committed to providing science-based, high-quality formulations that support consumer wellness and freedom of choice in healthcare.
www.betterwayhealth.com