| U.S. Federal Trade Commission |
FTC News Release, Jan 2, 2002
FTC Broadens Warnings to Marketers of Bioterrorism Defense Products
E-mails Focus on Questionable Claims for Bioterrorism Protection Devices
A month after
sending out 50 warnings to promoters of purported
medicinal cures or treatments for anthrax and other
bioterrorism agents, the Federal Trade Commission staff
has sent out 71 more e-mails, this time focusing on
promoters of such dubious protection devices as air
filters, gas masks, protective clothing, and ultraviolet
light mechanisms. In its recent letters, the FTC warned
marketers that stringent standards and rigorous tests
are required before products can be touted as truly
capable of deterring biological and chemical threats.
Web sites that make these claims were warned that if
their assertions cannot be supported by competent and
reliable scientific evidence, they must be removed from
the Web.
The e-mail warnings stem from
a coordinated Internet "surf" by the FTC with the help
of the Food and Drug Administration, more than 30 state
attorneys general, and the California Department of
Health Services. The Internet search turned up more than
200 sites marketing bioterrorism-related products and
now has resulted in a total of 121 warnings sent by the
FTC. The initial wave of warnings in mid-November was
sent primarily to promoters of medicinal products, while
the latest round of letters sent in mid-December,
targeted devices ostensibly providing protection from
nuclear, biological, or chemical contaminants. So far,
more than 25 of the initial 50 warned sites have
eliminated suspect claims to satisfy the FTC's concerns;
others that have not yet complied face potential
prosecution.
"This recent round of e-mails
demonstrates our continuing concern about questionable
claims for bioterrorism protection products," said FTC
Consumer Protection Bureau Director J. Howard Beales.
"We, along with other participants in the surf, are
prepared to follow up with legal actions if the
recipients of these and our earlier letters do not come
into compliance."
The letters warned that FTC
staff will follow up by revisiting the targeted sites to
determine whether changes have been made. Operators who
make deceptive or misleading claims face possible
prosecution for violating the Federal Trade Commission
Act (FTC Act). 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 also could be ordered
to make consumer refunds.
Additionally, the FTC is
referring suspect sites to state and other federal
agencies with appropriate enforcement authority. Recent
referrals made by the FTC to the Environmental
Protection Agency resulted in orders to two companies to
stop immediately the marketing of products claiming to
protect the public from anthrax. The companies have
since removed the promotion for these products from
their Web sites.
Consumer Education
As noted in an FTC press
release announcing the mid-November warnings, the FTC
offers the following advice 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:
- 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 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 Mexico, 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.
The text in this article was prepared by the U.S. Federal Trade Commission.