- Barry Janoff, Brandweek

NEW YORK The company that manufactures Airborne, described as a dietary supplement whose vitamins and minerals help support the immune system, has settled its case with the Federal Trade Commission over the advertising and labeling of its products.

According to the FTC, Airborne, Bonita Springs, Fla., "Has agreed to pay up to $30 million to settle Federal Trade Commission charges that it did not have adequate evidence to support its advertising claims in which its effervescent tablet was marketed as a cold prevention and treatment remedy."

Airborne has denied wrongdoing or illegal conduct, but reached an agreement with the FTC and agreed to settle a class action lawsuit "to avoid continued expense and distraction from management of the business," according to a statement released by the company.

The FTC's complaint stated that there was "no competent and reliable scientific evidence to support the claims made by the [company] that Airborne tablets can prevent or reduce the risk of colds, sickness, or infection; protect against or help fight germs; reduce the severity or duration of a cold; and protect against colds, sickness, or infection in crowded places such as airplanes, offices or schools."

The FTC complaint also stated company founders Victoria Knight-McDowell and Thomas John McDowell,"made false claims that Airborne products are clinically proven to treat colds."

In a statement, Airborne CEO Elise Donahue said: "Consumers can feel confident that the advertising and labeling going into the marketplace accurately reflects what Airborne products do. Our products help support the immune system . . . [Airborne] continues to be the No. 1-selling immune support dietary supplement, and we're very proud of this fact."

Donahue stressed: "It's important to note that this is a settlement over older advertising and labeling and has nothing to do with public safety. We've offered a money-back guarantee for our products since 1997 and we have millions of satisfied customers."

The FTC said: "In addition to prohibiting the defendants from making claims that are false, misleading, or unsubstantiated by competent and reliable scientific evidence, and providing additional funds for consumer redress, the [settlement] authorizes the [FTC] to monitor the defendants' compliance with the order."