Claims in a Video Game The Federal Trade Commission h as made clear in recent months that it will scrutinize claims from advertisers about products that allegedly improve cognitive function includin ID: 350385
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Paying Attention: FTC Focuses on Cognitive Function Claims in a Video Game The Federal Trade Commission h as made clear in recent months that it will scrutinize claims from advertisers about products that allegedly improve cognitive function, including video game products. See e.g. Your Baby Can Read , and BrainStrong . That trend continued in January when the FTC settled a case against Focus Education, LLC and its officers over allegedly unsubstantiated claims about the company's ifocus System. According to the FTC, Focus's advertisements for iFocus (which included the computer game, Jungle Rangers) claimed the game contained "scientifically o improve focus, concentration and memory." The ads also claimed the product gave children - even those with Attention Deficit Hyperactivity Disorder (ADHD) - the permanent "ability to focus, complete school work, homework, and to stay on task." Focus also created an infomercial including testimonials from children, parents, teachers and do better in school. Under the settlement, the FTC prohibited Focus and its o fficers from: making any further claims about the iFocus System, or any similar product, unless the claims are true, not misleading, and appropriately substantiated; improve cognitive abilities, behavior or academic performance, or treat or lessen the symptoms of cognitive abnormalities or disorders, including ADHD; and/or misrepresenting the results of any test, study, or research. The FTC also announced that Focus would be subject to a five year audit of all of its advertisements containing any representation covered by the proposed consent order. This case should be a reminder to advertisers and agencies that cognitive products, including games, are on the FTC's radar. Advertisers and agencies should work to ensure that all advertisements for such products contain claims that are truthful and backed by competent and reliable scientific evidence. If you have any questions about this latest enforcement actio n, or about other advertising law issues, please contact Greg Boyd at (212) 826 5581 o r gboyd@fkks.com , Hannah Taylor at (212) 705 4849 or htaylor@fkks.com , or any other member of the Frankfurt Kurnit Advertising Group or Interactive Entertainment Group. To read recent Frankfurt Advertising alerts, click here .