According to Xlear, the US Department of Justice has asked a US District Court judge to dismiss a suit filed by the US Federal Trade Commission in 2021 accusing the company of violating the COVID-19 Consumer Protection Act by claiming that its saline nasal spray with xylitol could prevent and treat COVID-19. The case (2:21-cv-00640-RJS) was brought in the US District Court for the District of Utah.
Xlear argued “that the FTC lacked statutory authority to require clinical data under the Supreme Court decision in Loper Bright Enters. v. Raimondo,” and the announcement says, “Dismissal reinforces Xlear’s argument that the FTC lacks statutory authority to require clinical data from nonpharmaceutical health products.”
The announcement also claims that “Dismissal rebuffs the false perception that the only way to safeguard health is through Big Pharma drugs” and “Dismissal reflects the commonsense shift now underway in public health to increase the emphasis on health freedoms, disease prevention and health and welfare.”
Xlear CEO Nathan Jones attacked “the ongoing efforts of the FTC to censor science” and defended his company, saying “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. 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.”
An Xlear web site offers links to articles with topics including nasal hygiene and nasal delivery in general, studies of xylitol for inhibition of viruses, and a pre-clinical study of Xlear whose “Abstarct” [sic] concludes “The present results validated by two independent sets of experiments, performed by different labs, on different viral strains, provide early evidence to encourage further pilot and clinical studies aimed at investigating the use of Xlear as a potential treatment for COVID-19.”
Read the Xlear press release
