Xlear
Contents5
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| Basic information | |
|---|---|
| Founded | 2000 |
| Legal Structure | Private |
| Industry | Nasal sprays |
| Also known as | |
| Official website | https://xlear.com |
Xlear is a Utah-based nasal spray company that claimed its nasal spray as a COVID-19 preventative and treatment. In 2021, the FTC sued Xlear for this false claim.[1][2]
Background
Xlear was founded in 2000, and creates xylitol-based sinus and oral care products.[3]
Consumer impact summary
Overview of concerns that arise from the conduct towards users of the product (if applicable):
- User Freedom
- User Privacy
- Business Model
- Market Control
Add your text below this box. Once this section is complete, delete this box by clicking on it and pressing backspace.
Incidents
FTC lawsuit alleging false COVID-19 medical claims (2021—)
On 28 October 2021, the US Department of Justice filed a complaint against Xlear, Inc. on behalf of the Federal Trade Commission for falsely marketing its nasal spray as an effective COVID-19 preventative, seeking to impose financial penalties on the company and to bar them from continuing to make unsubstantiated medical claims about their products.[1][2]
According to the complaint, since at least March 2020, Xlear marketed their nasal sprays as an effective preventative and treatment against COVID-19, claiming that their nasal sprays provide up to four hours of protection against COVID-19. The FTC alleged that Xlear lacked a factual or scientific base to support their claims.[4]
The Trump Justice Department, on the behalf of the FTC, asked for the case to be dismissed with prejudice on 10 March 2025, but did not explain its reasoning for the dismissal.[1][5]
On 18 June 2025, Xlear filed a lawsuit against the FTC in an attempt to make it harder for the FTC to go after health claims.[6] The company's central argument is that the FTC Act prohibits only false or deceptive statements — not unsubstantiated ones.[6][7]
References
- ↑ 1.0 1.1 1.2 Felner, Lauren (25 Jun 2025). "A nasal spray company wants to make it harder for the FTS to police health claims". The Verge. Archived from the original on 13 Sep 2025. Retrieved 12 Feb 2025.
- ↑ 2.0 2.1 "FTC Sues Utah-based Company for Falsely Claiming Its Nasal Sprays Can Prevent and Treat COVID-19". Federal Trade Commission. 28 Oct 2021. Archived from the original on 10 Jan 2026. Retrieved 12 Feb 2026.
- ↑ "About Xlear". Xlear. Archived from the original on 12 Nov 2025. Retrieved 12 Feb 2026.
- ↑ "United States of America v. Xlear, Inc. - Case No. 2:21-cv-00640-RJS" (PDF). Federal Trade Commission. 28 Oct 2021. Archived (PDF) from the original on 29 Sep 2025. Retrieved 12 Feb 2026.
- ↑ "Stipulation of Dismissal with Prejudice Case No. 2:21-cv-00640-RSJ-DBP" (PDF). Federal Trade Commission. 10 Mar 2025. Archived (PDF) from the original on 13 Jul 2025. Retrieved 12 Feb 2026.
- ↑ 6.0 6.1 "Xlear, Inc. v. FTC & Andrew N. Ferguson Case No. 2:25-cv-00484" (PDF). Venable, LLP. 18 Jun 2025. Archived (PDF) from the original on 3 Jan 2026. Retrieved 12 Feb 2026.
- ↑ Gordon, Leonard L. (27 Jun 2025). "Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper". Venable, LLP. Archived from the original on 7 Jul 2025. Retrieved 12 Feb 2026.