Business Wire

UT-XLEAR

22.12.2021 22:02:09 CET | Business Wire | Press release

Share
Xlear Files Legal Response to Government’s Lawsuit

Today, Xlear Inc. filed the company’s response to a Department of Justice lawsuit alleging violations of the Federal Trade Commission Act, among other allegations. The company denied all the Government’s allegations and leveled a series of affirmative defenses at the Government, including violations of Xlear’s First Amendment right to free speech. Nathan Jones, Xlear’s CEO, issued this statement regarding Xlear’s Response:

The United States faces an already raging pandemic and yet another new, wildfire Omicron variant, which studies show is more transmissible, vaccine resistant and as severe as other strains. As a result, across the nation new cases are spiking and breaking records; hospitals are once again overflowing; schools are closing again; not only are we seeing breakthrough infections—we are facing reinfections; the NFL and the NHL have been forced to postpone games; and, there is a real risk that our lives and economy will once again have to close. It’s another COVID-Christmas in America. The nation’s vaccine-only strategy is failing.

Despite this, the Federal Government continues to refuse to even discuss or consider other possible countermeasures—even though they are backed by sound science.

Xlear’s Response outlines a series of studies, including two randomized clinical trials (RCTs)* and other clinical and lab data, that more than substantiate Xlear’s statements regarding COVID-19. One recent RCT study found that the use of nasal hygiene in treating COVID-19-infected people over the age of 50 reduced the risk of hospitalization 8-fold.** The Government hasn’t meaningfully challenged the legitimacy of these studies—the Government can’t, they paid for some of them and have published some of them. Nor has the Government offered conflicting studies—they can’t. The Government has known about these other countermeasures since June 2020. Yet, the Government still refuses to even discuss or consider them.

The Response we filed also includes a new in vitro study done at Utah State University’s Institute for Antiviral Research.*** This new in vitro study (using human airway tissue) found that the components in Xlear were significantly more effective antivirals against the Delta strain of COVID-19 than Remdesivir, the Government-approved antiviral medicine. Ironically, the Government alleges it is Xlear that has misled the public.

Not only is the Government refusing to consider other countermeasures, the Government, through this lawsuit, has sought to censor us from informing the American people about the science. The American people have both the right and the need to know the science. We hope this lawsuit serves as a vehicle to inform the public, as well as expose the abject failures of our Government in responding to this pandemic.

Rather than try to silence science, the Government should follow the data and work with us to help end this pandemic.

*Kimura, K., et al., Interim analysis of an open-label randomized controlled trial evaluating nasal irrigations in nonhospitalized patients with coronavirus disease 2019. Int Forum Allergy Rhinol. 2020; 10: 1325– 1328, available at https://pubmed.ncbi.nlm.nih.gov/32914928/ ; Amy Baxter, et al., Rapid initiation of nasal saline irrigation to reduce morbidity and mortality in COVID+ outpatients: a randomized clinical trial compared to a national dataset, medRxiv 2021.08.16.21262044, doi:https://doi.org/10.1101/2021.08.16.21262044 available at https://www.medrxiv.org/content/10.1101/2021.08.16.21262044v2 .

**Baxter, supra .

*** Institute for Antiviral Research, Utah State University, Study Report; Antiviral Efficacy Against Virus Infections in Human-Derived Tracheal/Bronchial Eplithelial Cells, Dec. 1, 2021 (forthcoming).

Other references, include but are not limited to:

Go, Camille Celeste, Pandav, Krunal, Sanchez-Gonzalez, Marcos A, Ferrer Gustavo, Potential Role of Xylitol Plus Grapefruit Seed Extract Nasal Spray Solution in COVID-19: Case Series (Nov. 2020), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7645297/ .

Ferrer, Gustavo, et al, A Nasal Spray Solution of Grapefruit Seed Extract plus Xylitol Displays Virucidal Activity Against SARS-CoV-2 In Vitro, BioRxiv (Nov. 25, 2020), available at https://www.biorxiv.org/content/10.1101/2020.11.23.394114v1.full .

Cannon, Mark, et al, In Vitro Analysis of the Anti-viral Potential of nasal spray constituents against SARS-CoV-2, bioRxiv 2020.12.02.408575, available at https://www.biorxiv.org/content/10.1101/2020.12.02.408575v2.full.pdf+html .

Ferrer, G., et al., In Vitro Analysis of the Anti-viral Potential of Nasal Spray Constituents Xylitol and Grapefruit Extract plus against SARS-CoV-2, forthcoming in Journal Virus Research.

Cegolon L, Javanbakht M, Mastrangelo G. Nasal disinfection for the prevention and control of COVID-19: A scoping review on potential chemo-preventive agents [published online ahead of print, 2020 Aug 18]. Int J Hyg Environ Health. 2020;230:113605. doi:10.1016/j.ijheh.2020.113605.

Lipworth B, Chan R, RuiWen Kuo C. COVID-19: Start with the nose. J Allergy Clin Immunol. 2020;146(5):1214. doi:10.1016/j.jaci.2020.06.038; Spinelli, M. et al., Importance of non-pharmaceutical interventions in lowering the viral inoculum to reduce susceptibility to infection by SARS-CoV-2 and potentially disease severity, The Lancet, Feb. 22, 2020, available at https://www.thelancet.com/journals/laninf/article/PIIS1473-3099(20)30982-8/fulltext .

Radulesco T, Lechien JR, Saussez S, Hopkins C, Michel J. Safety and Impact of Nasal Lavages During Viral Infections Such as SARS-CoV-2. Ear Nose Throat J. 2021;100(2_suppl):188S-191S. doi:10.1177/0145561320950491.

Link:

ClickThru

Social Media:

https://www.facebook.com/xylitol.experts

About Business Wire

Business Wire
Business Wire
101 California Street, 20th Floor
CA 94111 San Francisco

http://businesswire.com

Subscribe to releases from Business Wire

Subscribe to all the latest releases from Business Wire by registering your e-mail address below. You can unsubscribe at any time.

Latest releases from Business Wire

European DataWarehouse Claims Its First “Fintech Provider of the Year” Award and a Sixth “Data Provider of the Year” Title at GlobalCapital’s 2026 European Securitisation Awards27.3.2026 08:47:00 CET | Press release

European DataWarehouse (EDW) is pleased to announce that it has been named both “Data Provider of the Year” and “Fintech Provider of the Year” at the 2026 GlobalCapital European Securitization Awards in London. The award ceremony recognises outstanding achievements in European structured finance, with winners selected by popular vote from across the industry. As defined by GlobalCapital, the programme celebrates “the very best in the market, as chosen by the market.” This latest recognition marks the sixth time that EDW has received the prestigious Data Provider of the Year award, having previously been honoured in 2019, 2022, 2023, 2024 and 2025, reaffirming its long-standing commitment to transparency, data quality and innovation in European securitisation. Prof. José Manuel González-Páramo, Chairman of EDW, later commented: “ Winning this award for the sixth time highlights the continued trust the European securitisation market places in EDW. Transparency, data quality and reliabili

Biocytogen Announces FDA IND Clearance for Partner NEOK Bio’s NEOK002 Targeting Solid Tumors27.3.2026 01:00:00 CET | Press release

Biocytogen Pharmaceuticals (Beijing) Co., Ltd. (Biocytogen, SSE: 688796; HKEX: 02315), a global biotechnology company that drives the research and development of novel antibody-based drugs with innovative technologies, today announced that its partner NEOK Bio, Inc. recently received clearance from the U.S. Food and Drug Administration (FDA) of an investigational new drug (IND) application for NEOK002, an EGFR/MUC1-targeting ADC program for solid tumors. NEOK Bio plans to initiate a Phase 1 clinical study in the second quarter of 2026 and expects to report initial data in 2027. This IND clearance marks an important milestone for NEOK002, an EGFR/MUC1-targeting ADC candidate developed by NEOK Bio and built on a bispecific antibody originally developed by Biocytogen and licensed in 2024. According to NEOK Bio, NEOK002 is being advanced for solid tumors and may offer differentiated efficacy and safety compared with monospecific ADC approaches directed at either target alone. Dr. Yuelei Sh

Spring is in Full Bloom at the Empire State Building with New Festive Experiences, Sweet Treats, and Seasonal Tower Lighting26.3.2026 21:30:00 CET | Press release

Spring is in full swing at the “World’s Most Famous Building.” The Empire State Building (ESB) today announced a vibrant lineup of spring events in NYC, which include special experiences, treat pop-ups, and an iconic tower lighting that captures the joy and color of the beautiful season. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260326216271/en/ Spring is in Full Bloom at the Empire State Building with New Festive Experiences, Sweet Treats, and Seasonal Tower Lighting “The Empire State Building Observation Deck has transformed into a celebration of the season and one of the best things to do in NYC this spring,” said Dan Rogoski, observatory general manager. “Whether it’s views beside our butterfly installation, sweet pop-ups, or a chance to spot the Easter Bunny, there is something special for every visitor.” Flutter of Color: The Empire State Building installed a brand-new photo opportunity on the 86th Floor Observati

Venture Global and Edison Announce Calcasieu Pass Arbitration Settlement26.3.2026 21:15:00 CET | Press release

Today, Venture Global and Edison jointly announced the signature of a commercial agreement for the settlement of the pending arbitration between the two companies concerning the Calcasieu Pass project. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260326559130/en/ Completion of the settlement is expected by the end of Q2 2026, at which point the arbitration will be terminated. The agreement fully resolves the arbitration in its entirety. As part of the settlement, Edison and Venture Global have also agreed to the delivery to Europe of additional cargoes beyond those envisaged under the long-term contract, to support gas supplies primarily to the Italian market. The first delivery is scheduled for May 2026, in Italy, at the Adriatic LNG Terminal. The agreement represents a significant step in strengthening commercial cooperation between the parties and it establishes a foundation for further future deliveries in the context

Reply Recognized as a Microsoft Frontier Partner for Enterprise AI Delivery26.3.2026 19:06:00 CET | Press release

Reply [EXM, STAR: REY] announces it has been recognized as a Microsoft Frontier Partner within the Microsoft AI Cloud Partner Program, earning the Frontier Partner Badge for demonstrating advanced capabilities in delivering AI-first solutions across Cloud & AI Platforms, AI Business Solutions, and Security. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260326965586/en/ The recognition reflects Reply’s capabilities across the Microsoft ecosystem, built through the work of its specialized companies – including Aim Reply, Business Elements Reply, Cluster Reply, Root16 Reply, Solidsoft Reply, Valorem Reply, WM Reply and Zest Reply – supporting enterprise organizations in designing, implementing, and operating AI solutions on Microsoft platforms across real-world business scenarios. The Frontier Partner badge recognizes partners that demonstrate advanced AI driven capabilities and meet rigorous badge requirements at the time of

In our pressroom you can read all our latest releases, find our press contacts, images, documents and other relevant information about us.

Visit our pressroom
World GlobeA line styled icon from Orion Icon Library.HiddenA line styled icon from Orion Icon Library.Eye