In its marketing, Xlear pointed to studies that it said supported the idea that ingredients in the spray could block viruses from sticking to the nasal cavity. Based on its interpretation of the science, Xlear promoted the product as one part of a “layered defense” against contracting covid. Now, it’s suing the FTC because it wants a court to make it harder for the agency to attempt to go after health claims. He adds that the threat of private lawsuits is effective to keep egregious marketing claims at bay. “We don’t believe anybody should be making bogus claims,” Housman says, “but we also believe that the agency has the responsibility to do the work.”