SALT LAKE CITY — Nathan Jones, founder of Xlear, is eager to discuss xylitol, the key ingredient in his products like chewing gum and nasal spray. He touts its benefits for oral health and even its potential to combat various ailments, including Covid-19 and heart disease. Yet, due to regulatory constraints, he is unable to make such claims in his company’s marketing.
Jones is currently engaged in a lawsuit against the Federal Trade Commission (FTC) that, if successful, could change the landscape of health product marketing. The litigation challenges existing requirements demanding substantial evidence for any health-related claims made by companies, a standard that advocates of “medical freedom” like Jones find stifling.
For decades, the FTC has been vigilant in verifying health claims, aiming to protect consumers from misleading products. Jessica Rich, who served as the director of consumer protection at the FTC from 2013 to 2017, noted that the agency has taken action against numerous fraudulent health products. A potential ruling in favor of Jones could fundamentally alter these enforcement practices. Mary Engle, former associate director of advertising practices at the FTC, referred to the lawsuit as a “complete game changer.”
The current political climate, particularly during the Trump administration, has seen a relaxation of enforcement efforts by the FTC, the Department of Justice, and the Food and Drug Administration (FDA) relating to health claims. Jones and his supporters assert that the federal agencies, already under pressure from limited staffing, do not serve the public’s best interests, particularly when it comes to alternative health solutions.
Jones has expressed concerns over the pharmaceutical industry’s dominance in America. In his view, consumers should have the freedom to choose how they manage their health. His sentiments resonate strongly with organizations such as the Alliance for Natural Health USA, which advocates for a more lenient approach to health claims. The group’s members celebrated the appointment of Robert F. Kennedy Jr. as Secretary of Health and Human Services, viewing it as an opportunity to push for more flexible regulations.
Kennedy has previously criticized the FDA for its strict oversight of supplements and has indicated that a reckoning was due for the agency. Under his leadership, Jones and others are hoping to dismantle regulatory frameworks that they argue interfere with consumers’ rights to explore alternative health options.
While the FTC has traditionally maintained stringent enforcement of misleading health claims, Jones’ lawsuit claims that the FTC’s historical approach needs to be reconsidered, especially given recent Supreme Court rulings that have shifted the balance of power regarding federal agency oversight. Jones argues that regulations should be altered so that companies are not burdened with proving their claims; instead, the government should be required to prove that claims are false.
In mid-2023, Jones filed a counter-suit after the FTC dropped a previous case against Xlear, which had alleged false marketing concerning xylitol’s capabilities as a Covid treatment. With the Department of Justice also closing a separate case regarding misleading health claims, Jones is pushing for a reevaluation of evidence requirements for health marketing.
As Jones fights for broader freedoms in marketing health products, he also emphasizes the potential benefits of xylitol. While regulatory bodies deem the ingredient safe for human use, there are mixed opinions on its effectiveness against cavities, with some studies presenting evidence for both sides. Despite the ongoing debates, Jones remains optimistic about the future of his company, particularly in light of recent state policies banning fluoridated water.
The changes in regulations could give Xlear a significant boost. In May, Jones along with a pediatric dentist, testified in Utah’s Legislature, advocating for a pilot program to provide xylitol gum as a fluoride alternative in schools and correctional facilities.
Whether or not Jones succeeds in his lawsuit, he is positioning Xlear for growth amid legislative shifts. Jones believes that as consumers become more aware of xylitol and its purported health benefits, demand for his products will increase, allowing Xlear to expand even further.
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