FTC CHALLENGES SHANE TOOTHPASTE ANTI-PLAQUE CLAIMS

FTC CHALLENGES SHANE TOOTHPASTE ANTI-PLAQUE CLAIMS in a complaint filed Sept. 24. The Federal Trade Commission (FTC) charged that ads claiming Shane fights plaque better than other toothpastes, lessens sensitivity of teeth to hot and cold substances and cures or eases the symptoms of canker sores and other gum diseases, are unsubstantiated. An administrative law hearing on the charges will be held Nov. 5. The complaint was brought against Shane mfr. Jerome Milton, Inc. and company founder Jerome Schulman. FTC is seeking an order that the firm "cease and desist" from making the plaque reduction or any other therapeutic claims for the product "directly or by implication" unless "at the time of making such representation, respondents possess and rely upon competent and reliable evidence substantiating the representation." Competent and reliable evidence, FTC continued, is "a test, analysis, research project or study in which evidence has been objectively obtained and evaluated by persons qualified to do so, using procedures generally accepted in the relevant profession to yield results." The toothpaste has been promoted through radio and TV ads and mail promotions that recount consumer testimony of the product benefits. For example, one ad features a woman who states: "I have gone through periodontal surgery twice and have suffered a great deal of pain and discomfort. My greatest problems were sensitivity and plaque formation, nothing seemed to help. I tried Shane and almost immediately the sensitivity to hot and cold was gone. Best of all, plaque has almost disappeared and my teeth are cleaner." Ads for Shane were phased out about seven months ago following FTC's warning that it planned to file the complaint, Schulman said. While Schulman maintains the Shane ads are not fraudulent because they are based on testimony of actual product users, he said that the high price of clinical testing has prevented him from generating scientific substantiation of the claims. Clinical tests to validate plaque removal properties, for example, run about $1 mil., he said. The active ingredient in Shane is sodium fluoride. The product also contains sorbitol, hydrated silica, aloe extract, sodium laurly sulfate and allantoin, among other ingredients. It is priced at a suggested $5.95 for a 6.4 oz. tube. Shane's sales, which will total approximately $1.5 mil. for the fiscal year ended Nov. 1, were hurt when the ads were discontinued, Schulman noted. Sold in about 10,000 drug and food store units including Walgreen's and Revco outlets, the two-year product is the only one sold by Chicago-based Jerome Milton, Schulman said.