Notice of
Change
Concerning our Website, www.road-to-health.com
Due to
Receiving Federal Trade Commission Letter
Due to the letter we received from the Federal
Trade Commission (see next page) the following changes will soon be in effect:
Very
soon we will be placing all of our information except the most general behind a
membership program.
The government is protecting you from such
dangerous things as comfrey, the Zapper and knowledge.
We are being forced to collect some amount of membership fee to offset our costs. (The fee will be determined in the near future.)
You will be required to join in order to access the hundreds of pages that are NOW FREE.
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.