The FTC requires products to prove health claims. A lawsuit could upend that protection.

As the Trump administration loosens enforcement by the FTC and the FDA of unproven health claims, allies in Robert F. Kennedy Jr.'s “medical freedom” movement are pushing to permanently roll back the protections.

Don’t get Nathan Jones started on xylitol, the active ingredient in his chewing gum, nasal spray, and other products. He’ll talk your ear off about its wondrous powers against tooth decay, as well as its potential to fight Covid, heart disease, Alzheimer’s — you name it.

For now, Jones, the founder of Xlear, can’t make those claims in his company’s advertising. But if the lawsuit his company brought against the Federal Trade Commission succeeds, he’ll likely be able to say anything he wants.

As the Trump administration loosens enforcement by the Federal Trade Commission, Department of Justice, and Food and Drug Administration of unproven health claims, Jones and his allies in the “medical freedom” movement are pushing to permanently roll back the health regulatory state.

For decades, the FTC has required companies to back any medical claims about their products with substantial evidence, while taking actions against hundreds of “bogus health cures,” said Jessica Rich, the FTC’s director of consumer protection from 2013 to 2017.

If successful, the lawsuit by Jones’ company “would be a complete game changer,” said Mary Engle, associate director of the FTC’s advertising practices division from 2001 to 2020.