UNITED STATES OF AMERICA
FEDERAL TRADE
COMMISSION
WASHINGTON, D.C. 20580
TO: Dale
Maxwell
RE: HEALTH CLAIM MADE BY YOUR COMPANY
DATE:
September 20, 2001
This message from the Federal Trade
Commission (FTC) is being sent to you and other Internet advertisers
as part of the FTC’s industry compliance and education effort. FTC
staff has reviewed promotional material from your website. We remind
you that the FTC Act requires that claims made to promote the sale
of products or services must be truthful and not misleading.
Health-related claims, such as the ones made on your website, must
be supported by competent and reliable scientific evidence. In other
words, it is against the law to make health claims without
scientific support or to deceptively exaggerate the state of science
or the benefits of products or services you are promoting. Consumer
testimonials, even if accurate, do not constitute adequate support
for claiming that a product can cure, mitigate, or treat diseases.
On June 14, July 6, and July 13, 2001, as part of Operation
Cure.All, the FTC announced eight law enforcement actions against
websites that were using unsupported or false claims to market
health products containing St. John’s Wort, shark cartilage,
comfrey, colloidal silver, DHEA, ephedra, chitosan, and a number of
other dietary supplements and herbs; an at-home urine test; and a
number of electrical devices, including the Zapper, Beck-Rife unit,
Rife Frequency Generator, and Magnetic Pulser. These companies
claimed that their products were effective in reversing the aging
process, in causing weight loss without a restricted calorie diet,
and in treating, curing, and preventing numerous serious diseases
and health conditions, including cancer, HIV/AIDS, carcinomas,
adenocarcinomas, melanomas, arthritis, blood poisoning, diabetes,
atherosclerosis, high blood pressure, elevated cholesterol levels,
Alzheimer's, poor liver function, herpes simplex, tuberculosis,
cholera, diphtheria, influenza and hepatitis B infections, whooping
cough, mania, hypochondria, fatigue, hysteria, dysentery, gonorrheal
herpes, influenza, leprosy, lupus, malaria, meningitis, rheumatism,
shingles, staph infections, strep infections, colds, syphilis, yeast
infections, and 650 disease-causing organisms. One company also
claimed that its urine test provided a clinical gauge of an
individual's overall healthiness and youthfulness.
In
addition to challenging the above claims as unsubstantiated, the FTC
also charged that some of these companies misrepresented that
products containing comfrey, St. John’s Wort, and ephedra are either
safe or have no contraindications. In fact: (1) comfrey is not safe
for internal use because it contains pyrrolizidine alkaloids which
are known to be toxic to the liver, and taken internally such
substances can lead to serious illness or death; (2) St. John's Wort
is known to interfere with a number of prescription medications,
including anticoagulants, oral contraceptives, antidepressants,
anti-seizure medications, drugs to treat HIV or prevent transplant
rejection; and (3) ephedra or ephedrine alkaloids can cause
dangerous effects on the central nervous system and the heart and
can result in serious injury. Seven companies agreed to orders
prohibiting unsubstantiated health claims. The eighth case is
pending in Federal District Court in Washington and a preliminary
injunction against the company has been entered. Five companies were
ordered to provide specific disclosures concerning the serious
health risks associated with products containing comfrey, ephedra,
and St. John’s Wort. Three companies agreed to notify and refund
money to their customers and one paid the FTC $150,000 for consumer
redress. One or more of these companies had received an advisory
like this before the FTC filed its action. For more information, see
www.ftc.gov/opa/2001/06/cureall.htm ,
www.ftc.gov/opa/2001/07/chrisenter.htm , and
www.ftc.gov/opa/2001/07/westbot.htm
We strongly recommend
that you review the following FTC business education materials and
take steps to ensure that your promotional and marketing materials
in your web site comply with the FTC Act:
1. Dietary
Supplements: An Advertising Guide for Industry at
www.ftc.gov/opa/1998/9811/dietary.htm and
www.ftc.gov/bcp/conline/pubs/buspubs/dietsupp.htm (Examples provided
in this guidance apply to both dietary supplements and therapeutic
devices.)
2. Frequently Asked Advertising Questions: A Guide
for Small Business at
www.ftc.gov/bcp/conline/pubs/buspubs/ad-faqs.htm
3.
Advertising and Marketing on the Internet: The Rules of the Road at
www.ftc.gov/bcp/conline/pubs/buspubs/ruleroad.htm
Unfair or
deceptive acts or practices are unlawful under the FTC Act. The FTC
Act prohibits deceptive advertising in any medium, including the
Internet. If your advertisement is untruthful or contains
unsubstantiated claims, you could face a law enforcement action.
That could mean:
1. An injunction issued by a Federal
District Court. Violations of court orders could result in civil or
criminal contempt proceedings.
2. Consumer refunds.
3.
Administrative orders to cease and desist, with fines up to $12,000
per violation should they occur after the orders are
entered.
Unfair or deceptive acts or practices also are
unlawful under various state statutes. The standards under these
statutes are often similar to those of the FTC Act.
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