As a result of the Dietary Supplement Health and Education Act, the product could be sold without approval by the Food and Drug Administration, provided claims were never made by the producers of the supplement about its medical efficacy. Rose Creek complied, instead collecting statements from users who attributed wide-ranging benefits to taking it. However, later ads also ran statements from "experts", who provided anecdotal evidence from small-scale clinical trials showing positive results in several patients. Because of this, the Federal Trade Commission filed an injunction in March 1999 against Rose Creek Health Products Inc., stating that the ads being run in both print and online sources, including USA Today, were "blatantly false". Studies run on vitamin O showed it to be composed largely of salt water as well as a small quantity of germanium, which would provide no benefits not attributable to the placebo effect.
On April 28 2000, Donald L. Smyth, CEO of Rose Creek Health Products Inc., agreed to pay a cash settlement of $375,000 for consumer redress, and to abstain from making claims as to the scientific accuracy of beneficial effects attributed to the supplement, or promoting its efficacy in treating life-threatening illnesses.