| U.S. Federal Trade Commission |
FTC News Release, Dec 3, 2004
Swiss Company to Provide Refund to U.S. Consumers
Defendants Sold Worthless Products and Dietary Supplements to Cure Serious Diseases
A Switzerland-based company and its
United States counterpart have agreed to provide refunds to
its U.S. citizens, as part of a settlement with the Federal
Trade Commission. Dr. Clark Research Association, a California
company and Dr. Clark Behandlungszentrum GMbH, doing business
as Dr. Clark Zentrum, sold a variety of dietary supplements
and devices that they alleged cured advanced and terminal
cancers, AIDS, and other serious diseases. The FTC alleged
that the defendants made unsubstantiated health or safety
claims.
In its complaint, the FTC alleged that the
defendants advertised, among other things, that:
- the “Zapper” (sold as the “Super-Zapper
Deluxe”) is a device that purportedly kills disease-causing
parasites in the body with electricity and is effective in
treating serious and chronic diseases like cancer and AIDS;
- the “Syncrometer” is a device that
purportedly can detect substances within the body and
diagnose diseases;
- “Dr. Clark's New 21 Day Program for
Advanced Cancers,” a regimen that includes dietary
supplements, purportedly cures advanced cases of cancer and,
when used with the “Super-Zapper Deluxe,” renders surgery
and chemotherapy unnecessary; and
- the “Complete Herbal Parasite Program” -
also called the Herbal Parasite Cleanse - is effective to
treat serious diseases when used with the Zapper.
The FTC charged that the defendants did not
have a reasonable basis to substantiate the claims made in the
ads.
To settle the FTC’s charges, the proposed
final order prohibits the defendants from making
unsubstantiated health or safety claims for any food, drug,
dietary supplement, or device. The order also requires the
defendants to notify U.S. consumers that they are entitled to
full refunds. In addition, the settlement contains various
recordkeeping provisions to assist the FTC in monitoring the
defendants’ compliance.
The Commission vote
authorizing staff to file the settlement in federal district
court was 5-0. It was filed in the U.S. District
Court for the Northern District of Ohio, Eastern Division, on
November 18, 2004, and entered by the court on November 22,
2004.
NOTE:This stipulated final
judgment and order is for settlement purposes only and does
not constitute an admission by the defendant of a law
violation. Stipulated final judgment and order have the force
of law when signed by the judge.
The text in this article was prepared by the U.S. Federal Trade Commission.