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Healthy Skepticism Library item: 2691

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

 

Publication type: news

Hoyes J.
Feds call pill claims bogus: Distributor sues FTC over ads
Boston Herald ( Business Today) 2005 Oct 20
http://business.bostonherald.com/businessNews/view.bg?articleid=107878

Keywords:
infomercial Flex Protex FTC


Notes:

Ralph Faggotter’s Comments:
One of the classical techniques which fraudsters use to get off the hook is to claim to be the victim of a conspiracy by powerful vested interests.
Setting up an ‘us versus them’ scenario, in this case ‘orthodox versus alternative’ medicine, enables them to rally a broad support base.

At Healthy Skepticism we have the opposite approach.

We regard every product skeptically, until proven otherwise, whether it originates from a Big Pharma sterile chemical laboratory or from a backyard herbalist muttering incantations at midnight on the spring equinox over their brewing cauldron.
The trappings, the packaging, the aura, the prestige, the spin must all be stripped away.
What counts is quality evidence.
Until the purveyor of the product can provide good evidence of safety and efficacy from quality clinical trials, we will remain skeptical.


Full text:

Feds call pill claims bogus: Distributor sues FTC over ads
By Jesse Noyes
Thursday, October 20, 2005

If you believe the infomercial, Flex Protex might be the answer to arthritis sufferers’ prayers.

The natural supplement works like a ``COX-2 Inhibitor’‘ relieving chronic arthritis pain without any of the nasty side effects of traditional drugs, such as Vioxx or Celebrex, says Donald Barrett, president and CEO of Beverly-based ITV Direct Inc. and Direct Marketing Inc. But the Federal Trade Commission finds Barrett’s supplements a bit hard to swallow. In fact, the FTC is calling most of the ``natural remedies’‘ the infomercial producer touts bogus. And the agency has taken Barrett to court. Now he’s firing back with a lawsuit accusing the FTC of targeting his company and of being in cahoots with big drug manufacturers. ``We’ve been selectively prosecuted because (the FTC) is protecting the interest of the large pharmaceutical companies,’‘ Barrett said. The agency has harassed employees, contacted media outlets to stop the company from advertising and violated free speech rights, ITV’s suit claims. The ugly battle started two years ago when Barrett began marketing two dietary supplements called ``Supreme Green with MSM’‘ and ``Coral Calcium Daily’‘ through infomercials on cable television. The FTC claims ITV heralded the products as a cure for cancer or even the way to a slimmer figure. Barrett denies branding the products as a cure for cancer. ITV pulled the ``Supreme Green’‘ and ``Coral Calcium’‘ infomercials after the FTC won an injunction last year. Three other figures named in the suit settled with the FTC, including Alejandro Guerrero of Healthy Solutions, who appeared with Barrett in past infomercials. Guerrero agreed to pay the FTC $65,000 or surrender the keys to his 2004 Cadillac Escalade. The FTC recently took aim again at Barrett and his company of 300 employees for airing new infomercials selling ``Flex Protex’‘ and a seaweed-based supplement called ``Sea Vegg.’‘ Barrett is not the first infomercial star pushing dietary cures to come under fire from the FTC. Kevin Trudeau, a well-known natural cures guru, settled with the agency for $2 million in 2003 for claiming a product could cure cancer and relieve pain. Barrett accused the agency of engaging in a witch hunt, attempting to take down natural remedies companies to protect the pharmaceutical industry. A spokeswoman for the FTC declined to comment on the allegations.

 

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What these howls of outrage and hurt amount to is that the medical profession is distressed to find its high opinion of itself not shared by writers of [prescription] drug advertising. It would be a great step forward if doctors stopped bemoaning this attack on their professional maturity and began recognizing how thoroughly justified it is.
- Pierre R. Garai (advertising executive) 1963