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- Government Actions:Government Action: BBB reports on known government actions involving business’ marketplace conduct:The Federal Trade Commission vs Learning RX Franchise Corp; and Ken Gibson
The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.
On May 24, 2016, LearningRx Franchise Corp and Ken Gibson, both individually and as officer (CEO) of LearningRx Franchise Corp ("Defendants") entered into a Stipulated Order for Permanent Injunction and Other Equitable Relief with the Federal Trade Commission.
The Assurance settles allegations that the business participated in unfair or deceptive acts or practices and false advertisements. Furthermore, LearningRX is permanently restrained and enjoined from making any representation, expressly or by implication, that training with such product will improve performance at work or in athletics; delay or protect against age-related decline in memory or other cognitive functions, including mild cognitive impairment, dementia, or Alzheimer’s disease or reduces cognitive impairment or improves cognitive function of individuals with health conditions, including hyperactivity disorder (ADHD), autism, traumatic brain injury (TBI), or stroke; including improvement in school grades or scores on standardized academic tests, performance on everyday tasks, increased income, or superiority to academic tutoring, unless the representation is non misleading, and, at the time of making such representation, Defendants possess and rely upon competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. Defendants are also prohibited from misrepresenting the Covered Products’ benefits are based on tests, studies or scientific research.
Under terms of the Assurance, the business agreed to adhere to FTC advertising in the stipulated order, pay the FTC $200,000, provide a customer list, and make timely submissions to the FTC for compliance reporting. The Assurance was for settlement purposes only and should not be considered as an admission of guilt or finding of violation of the law.
For more information, please refer to the FTC's case documents by clicking here:https://www.ftc.gov/system/files/documents/cases/160524learningrxorder.pdf.#sthash.ZcnbIB2T.dpuf
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