Q&A with Ed Burbach, Neora’s Lead Counsel in FTC Lawsuit

Burbach is Co-Chair of Foley and Lardner’s State Attorneys General and FTC Consumer Practices

SSN: What triggered the lawsuit?

EB: Connecticut-based Truth in Advertising (TINA) is a self-proclaimed tax exempt “consumer advocacy group,” which also sometimes refers to itself as “journalists.” TINA consists of merely seven people. TINA is funded by Hyatt Hotel heiress Karen Pritzker. In 2016 TINA learned that Neora (at that time known as Nerium) had won an award from the Direct Selling Association (DSA) so it decided to “investigate” Neora.

TINA had no consumer complaints about Neora (at that time known as Nerium). Nevertheless, TINA submitted its own complaint about Neora’s advertising to the FTC. TINA proclaimed that Neora and its Brand Partners were violating the FTC Act by making income and product claims.