| U.S. Federal Trade Commission |
FTC News Release, Nov 19, 2001
FTC Cracks down on Marketers of Bogus Bioterrorism Defense Products
Agency Tells Web Site Operators Get Off the Net or Face
Prosecution
The Federal Trade Commission
is warning Web site operators who suggest using such
things as oregano oil or zinc mineral water to treat
illnesses like anthrax that it is aware of no scientific
proof for such claims and that the Web site operators
must remove them from the Internet. After a coordinated
Internet "surf" found sites touting products and
therapies that claim to prevent, treat, or cure anthrax,
smallpox, and other health hazards, the FTC has sent
about 40 e-mail warnings telling operators of these sites to
pull the information immediately. The FTC staff will
follow up by revisiting the targeted sites to determine
whether the changes have been made. Operators who
continue to make deceptive or misleading claims face
possible prosecution for violating the Federal Trade
Commission Act (FTC Act).
The
warning campaign is based on information gathered via a
coordinated Internet surf by the FTC with the help of
the Food and Drug Administration (FDA), more than 30
state attorneys general, and the California Department
of Health Services. The Internet search focused on
products claiming to protect against, detect, prevent,
or treat biological and chemical agents, including
anthrax. More than 200 sites marketing
bioterrorism-related products were uncovered, and
additional sites are being evaluated for possible
warning letters. Included in the review were such items
as gas masks and protective suits; mail sterilizers;
biohazard test kits; homeopathic remedies; and dietary
supplements such as colloidal silver, zinc mineral
water, thyme, and oregano oil as treatments for
contamination by biological agents. Web sites may be
subject to state or federal investigation or prosecution
for making deceptive or misleading marketing claims that
their products can protect against, detect, prevent, or
treat biological or chemical contamination. "This
marketing targets people worried about the prospect of
exposure to lethal biological or chemical weapons. The
FTC is aware of no scientific basis for any of the
self-treatment alternatives being marketed on the
Internet," said Howard Beales, FTC's Director of
Consumer Protection. "Essentially, these operators need
to shut down these areas of their sites or face
prosecution. Our best advice for consumers: Consult your
physician immediately if you believe you may have been
exposed to anthrax or any other biological agents."
Beales praised the coordinated effort by the various
surf participants, noting that "this should help put an
early end to misleading marketing that attempts to prey
on people's fears of anthrax, smallpox, or any other
biological or chemical threats. Where necessary, we will
pursue legal action vigorously and promptly."
"The events of September 11
have heightened our fears and vulnerability to scams,"
said Ohio Attorney General Betty D.Montgomery, who is
co-chair of the National Association of Attorneys
General. Montgomery vowed that attorneys general would
"continue to be vigilant to protect consumers against
such fraud." Washington Attorney General Christine
Gregoire agreed, adding, "State Attorneys General will
not stand by while Web site operators capitalize on
public fears by selling products that offer no
protection."
John Taylor, the FDA's
Director of the Office of Enforcement, noted that the
FDA has approved a limited number of products for the
treatment of anthrax including, Ciprofloxacin (Cipro),
doxycycline, and penicillin G procaine. "However," he
added, "there are no products marketed as dietary
supplements that have been proven safe or effective for
the treatment or prevention of anthrax. Together with
the FTC, we've found quite a number of disturbing sites.
Companies marketing unapproved or otherwise misbranded
products for anthrax or other diseases run a very high
risk of FDA enforcement or regulatory action."
In
addition, a broad coalition of trade associations
representing the dietary supplement industry has
indicated that there is no scientific basis for the
promotion of dietary supplements as a treatment for
anthrax.
Firms or individuals who
violate the FTC Act could be subject to a federal
district court injunction, enforceable through civil or
criminal contempt proceedings; or an administrative
cease and desist order, enforceable through civil
penalties of up to $11,000 per violation. Sellers could
also be ordered to make consumer refunds.
For consumers who visit Web
sites or receive e-mails claiming to sell products to
protect against, detect, prevent, or treat anthrax,
small pox, or other biological or chemical health
hazards, the FTC recommends:
- Be wary of unscrupulous
marketers who use cyberspace to peddle "miracle"
treatments and cures. Many of the ads and Web sites,
which feature exotic potions and pills, special
curative diets, strange magnetic or electrical
devices, or newly discovered treatments, contain
questionable claims about the effectiveness and safety
of these products or services. The only known
effective treatments for biological agents like
anthrax or smallpox are approved prescription drugs
and vaccines.
- Be a savvy Internet shopper.
For consumers who visit Web
sites and receive e-mails claiming to sell Ciprofloxacin
(Cipro) and other antibiotics to treat anthrax, the FTC
recently issued a Consumer Alert titled "Offers to Treat
Biological Threats: What You Need to Know," produced in
conjunction with the Centers for Disease Control and
Prevention (CDC) and the Food and Drug Administration
(FDA). The Alert advises consumers to:
- Talk to your health care
professional before you use any medications.
- Know that some Web sites
may sell ineffective drugs.
- Know from whom you are
buying.
- Don't do business with Web
sites that don't give you access to pharmacists to
answer questions.
- Avoid sites that don't
provide their name, physical business address, and
phone number.
- Don't
purchase drugs from foreign Web sites.
In addition to the FTC,
partners in this bioterrorism surf included the FDA, and
offices of the attorneys general of Alaska, Arizona,
Arkansas, California, Connecticut, Florida, Illinois,
Iowa, Kansas, Maryland, Massachusetts, Michigan,
Minnesota, Missouri, Nevada, New Jersey, New York, North
Carolina, North Dakota, Ohio, Oregon, Pennsylvania,
South Carolina, Tennessee, Texas, Vermont, Virginia,
Washington, Wisconsin, and Wyoming. The District of
Columbia Office of the Corporation Counsel, and the
California Department of Health Services also
participated in the surf.
January 2, 2002 Bioterrorism Defense Products Update
February 27, 2002 Bioterrorism Defense Products Action Taken
The text in this article was prepared by the U.S. Federal Trade Commission.