| U.S. Federal Trade Commission |
FTC News Release, Dec 28, 2001
FTC Prohibits Marketers of Herbal Products and the "Zapper" from Making Unsubstantiated Claims
A Seattle couple who sold a
variety of herbal products and an electrical unit called
the "Zapper" as a cure for such ailments as cancer,
AIDS, Alzheimer's, and diabetes are prohibited from
making any claims that their products are effective in
treating or alleviating any disease or condition, unless
they have scientific evidence to support the claims, as
part of a settlement with the Federal Trade Commission.
The FTC alleged in a complaint filed in federal court
that Western Dietary Products Co. (Skookum), based in
Blaine, Washington, and its owners marketed the "Zapper
Electrical Unit" and their "cure packages" as treatments
and/or cures for various serious diseases, and claimed
that use of their herbal products made surgery and
chemotherapy unnecessary for persons with cancer. The
FTC complaint alleged that these claims were
unsubstantiated.
In June 2001, the FTC filed a
complaint against Western Dietary Products, doing
business as Western Herb & Dietary Products, Inc.,
and Marvin and Miguelina Beckwith, alleging that they
marketed and sold various herbal formulas and herbal
cure products through the web site "www.curecancer.com."
The defendants claimed that all diseases are caused by a
specific type of parasite and that herbal remedies,
along with use of the "Zapper," would cure them
immediately.
The proposed stipulated final
judgment and order, which requires the court's approval,
would prohibit the defendants from making any claims
that their products are effective in treating or
alleviating any disease or condition, unless they can
substantiate the claims with competent and reliable
scientific evidence. In addition, the proposed
settlement would prohibit the defendants from
misrepresenting that use of their products in the
treatment of cancer makes surgery or chemotherapy
unnecessary. The proposed order includes a suspended
judgment in the amount of $50,000, which would become
due if the court finds that the defendants made material
misrepresentations or omissions in their financial
statements. The proposed settlement also contains
various record keeping and reporting requirements
designed to assist the FTC in monitoring the defendants'
compliance.
The Commission vote to
authorize the staff to file the proposed stipulated
final judgment and order was 5-0. It was filed in the
U.S. District Court, Western District of Washington, in
Seattle, on December 26, 2001.
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 judgments have the force of
law when signed by the judge.
The text in this article was prepared by the U.S. Federal Trade Commission.