Summary of Action
Specifically, TINA.org catalogued more than 50 instances in which the company claims, expressly or implicitly, that its products — or third-party products that it promotes — can treat, cure, prevent, alleviate the symptoms of, or reduce the risk of developing a number of ailments, ranging from depression, anxiety, and insomnia, to infertility, uterine prolapse, and arthritis, just to name a few.
As a result of these findings, TINA.org sent a warning letter to Goop on August 11, 2017 notifying it of TINA.org’s findings and asking that the company remedy the deceptive marketing immediately. However, the company made only limited changes to its marketing, with the vast majority of the examples catalogued by TINA.org still containing inappropriate health claims more than 10 days after sending TINA.org’s warning letter. Accordingly, on August 22, 2017, TINA.org filed a complaint letter with two California District Attorneys’ Offices that are part of the California Food, Drug, and Medical Device Task Force. TINA.org also sent a letter to the California District Attorneys on June 29, 2018 regarding Goop’s new disclaimers, which are practically and legally ineffective, and urging them to take action.
The California Food, Drug, and Medical Device Task Force then brought an action against Goop and, on September 4, 2018, a stipulated judgment was entered against the company requiring it to pay $145,000 in civil penalties and refrain from making any claims about the efficacy or effects of any of its products without competent and reliable scientific evidence to substantiate its claims.
Then, in January 2020, TINA.org’s investigation revealed that Goop is violating the 2018 Stipulated Judgment by deceptively marketing products as having a therapeutic effect on several medical conditions, including anxiety, depression, OCD, hormone imbalances, and hair loss, as well as being able to address the symptoms of excessive alcohol consumption. As a result, on January 27, 2020, TINA.org filed a second complaint with the California District Attorneys, who are part of the California Food Drug and Medical Device Task Force, urging them to re-open their investigation and take appropriate enforcement action.