Commissioner Maureen Ohlhausen says Federal Trade Commission enforcement against firms that FTC officials allege made unsubstantiated claims for purported “melanoma detection” applications could stifle consumer health product development. FTC litigation against UK firm L Health Ld. and other marketers linked to the devices relies on “an unduly expansive interpretation of advertising claims to justify imposing an inappropriately high substantiation requirement on a relatively safe product,” Ohlhausen said in a dissent she made for each agency action against the firms. She added that “this course of action will inhibit the development of beneficial products and chill the dissemination of useful health information to consumers.” FTC said Aug. 13 that L Health settled charges in connection with the “Mole Detective” apps after advertising the apps online beginning in August 2012 after a separate company, New Consumer Solutions LLC, ceased marketing the products following FTC enforcement.
According to FTC’s complaint filed in federal court in Illinois, the Mole Detective apps instructed users to photograph a mole...