On March 10, the Department of Justice (DOJ) asked the United States District Court of Utah to dismiss the Federal Trade Commission (FTC)’s lawsuit against Xlear (American Fork, UT) and its CEO Nathan Jones.
In October 2021, FTC filed a lawsuit against Xlear and Jones alleging the company’s statements that its nasal spray could serve as “an effective, additional protection against SARS-CoV-2 (COVID-19)” violated the FTC Act and the COVID-19 Consumer Protection Act. The DOJ, with agreement from Xlear, asked the court to “dismiss the lawsuit with prejudice.”
In the lawsuit, FTC alleged Xlear’s statements violated the law because Xlear lacked enough clinical data. Xlear countered that FTC lacked “statutory authority” to require clinical data under the Supreme Court decision in Loper Bright Enterprises v. Raimondo (2024).
As per stipulation to dismiss, Xlear paid no fees, penalties, fines or other monies, nor did Xlear agree to any other conditions as part of the dismissal. Jones applauded DOJ’s decision to drop the case, stating it was without merit and a “waste of taxpayer money.”
“For going on four years, we have vigorously denied the FTC’s allegations— we steadfastly maintained that our statements about COVID were accurate and science-based,” Jones said. “We provided the FTC scores of studies, both clinical and in vitro, that together demonstrated that the use of oral/nasal hygiene products, like Xlear nasal spray, helped to both prevent COVID infections when used by healthy people and reduce the duration and severity of sickness when used by those already infected with the virus.”
According to Jones, the case cost Xlear more than $3 million, money that “should have been invested in helping Americans stay healthy and growing the economy.”
“Our belief in the science supporting Xlear is so strong that I was initially inclined to decline the DOJ’s request to dismiss the case—we wanted our day in court,” Jones said. “However, after nearly four years of censorship and legal harassment by the FTC, it is time for Xlear to fully focus on the business of helping people get and stay healthy.”
For more information, visit www.xlear.com.
