According to the Austin Business Journal, the Texas Attorney General has filed suit against Nature’s Candy Inc. of Fredericksburgs for deceptive trade practices and violations of the Texas Food, Drug and Cosmetic Act in marketing their candy as being helpful to Alzheimer patients. Here are excerpts from the article:
According to the enforcement action, the defendants unlawfully marketed their snack bars to major health food outlets, improperly claiming the products could help treat ailments such as depression or Alzheimer’s disease. The company also does business under the name Beneficial Foods, also headquartered in Fredericksburg.
The suit seeks restitution for consumers, as well as steep civil penalties.
Marketing and packaging materials produced by the defendants claim that their Omega-3 Uplift and Omega-3 Low-Carb Alternative Uplift bars can cure or prevent disease. However, under federal law only U.S. Food and Drug Administration-approved items can be marketed as cures for an illness. Because the snack bars are not FDA-approved drugs, the defendants were charged with unlawfully marketing their goods in violation of the Texas Food, Drug and Cosmetic Act and the Texas Deceptive Trade Practices Act.