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Consumer Health Digest #08-10
March 4, 2008
Consumer Health Digest is a free weekly e-mail
newsletter edited by Stephen Barrett, M.D., and
cosponsored by NCAHF and Quackwatch. It
summarizes scientific reports; legislative
developments; enforcement actions; news reports;
Web site evaluations; recommended and
nonrecommended books; and other information
relevant to consumer protection and consumer
decision-making.
###
Quackwatch and Dr. Barrett need your help.
If you haven't already done so, please read
http://www.ncahf.org/digest07/07-48.html and send
a contribution to support our work.
###
Eniva's "PDR" hype debunked.
MLM Watch has criticized Eniva Corporation, a
multilevel marketing company, for exaggerating
the significance of its product listing in the
PDR for Nonprescription Drugs, Dietary
Supplements, and Herbs. Eniva's ads state that
the PDR is highly respected by doctors and that
the company is "honored" that its products are
listed. The listed product, VIBE®, is an
undistinguished, high-priced,
multivitamin/multimineral to which have been
added proprietary blends containing 41
ingredients that include plant extracts, amino
acids, and other substances. PDR entries are
written by the product manufacturers. The only
requirements for listings are payment of a fee
plus assurance that a product's label complies
with FDA rules. In other words, the entries are
paid ads. [Barrett S. Advertising hype for
Eniva's VIBE. MLM Watch, March 5, 2008]
http://www.mlmwatch.org/04C/Eniva/pdr.html###
Blatant infomercial marketers agree to stringent restrictions.
Paris DeAguero, Laura DeAguero, and Dieter Ammann
have agreed settle FTC charges that they falsely
claimed that their 7-Day Miracle Cleanse program
would cure cancer and other serious diseases. The
settlement bans them from involvement in future
infomercials for any product, service, or
program, except for informational publications,
and from advertising health-related products in
the future in any medium. [Marketers of 7-Day
Miracle Cleanse Program banned from infomercials.
FTC news release, Feb 27, 2008]
http://www.casewatch.org/ftc/news/2008/7dmc.shtml Paris DeAguero, appeared as "the Health Man" in
nationally televised infomercials, claiming that
his program cured him within weeks of skin and
breast cancer without the need for surgery or
other treatments. Advertising also claimed that
the program also prevented, treated, and/or cured
AIDS, Alzheimer's disease, diabetes, high blood
pressure, and arthritis, and that it safely
caused rapid and substantial weight loss. The
defendants also claimed that a component of their
program, Parasine 2, was "clinically proven" to
eliminate parasites and worms, including
tapeworms. The settlement required Ammann to pay
$70,000. Both orders contain a judgment of
$14,455,123, which is suspended based on the
defendants' alleged inability to pay.
The settlement was announced three years after
the Electronic Retailing Self-Regulation Program
notified the FTC about the problem. Infomercial
Watch has posted an annotated transcript of the
infomercial.
http://www.infomercialwatch.org/tran/7dmc.shtml This is the first time the FTC has imposed such
broad restrictions in its first action against
marketers who made false health claims. (Kevin
Trudeau is similarly restricted, but he was a
persistent offender.) Dr. Stephen Barrett has
asked the agency to disclose (a) why the case
took so long to complete, (b) where the $14+
million went, and (c) what could be done to make
it possible for scams like this to be stopped
more quickly. For more information about the
history of the scheme, see
http://www.infomercialwatch.org/reports/7dmc.shtml###
Airborne "cold product" class-action suit settled.
The makers of Airborne-a multivitamin and herbal
supplement line falsely claimed to prevent and
cure colds -have agreed to refund money to
consumers who bought the product. Concocted by
second-grade teacher Victoria Knight McDowell and
her screenwriter husband Thomas Rider McDowell,
Airborne was promised to "boost your immune
system to help your body combat germs." Users
were instructed to "take it at the first sign of
a cold symptom or before entering crowded,
potentially germ-infested environments." Its
promotion included an appearance by Victoria
McDowell on the Oprah Winfrey Show. In 2004, The
Medical Letter on Drugs and Therapeutics
concluded that Airborne products had not been
proven effective. The settlement agreement calls
for the marketers, without admitting fault, to
issue up to $23.3 million in refunds. The Center
for Science in the Public Interest, which helped
bring the suit, has reported that the FTC and 24
state attorneys general are investigating.
[Airborne agrees to pay $23.3 million to settle
lawsuit over false advertising of its "Miracle
Cold Buster." CSPI news release, March 3, 2008]
http://www.cspinet.org/new/200803032.html The
settlement agreement is posted at
http://www.casewatch.org/civil/airborne/settlement.pdf###
Missouri curbs unauthorized credit card charges related to Trudeau book.
The Missouri Attorney General has obtained an
assurance of voluntary compliance under which two
companies that sell products through TV
infomercials featuring Kevin Trudeau have
provided almost $1,100 in refunds to Missouri
consumers and will change the way they do
business. The agreement resolves accusations that
the company repeatedly charged customers for
merchandise they did not order.
http://www.casewatch.org/ag/mo/itv.shtml Natural
Cures uses infomercials to sell Trudeau's books.
But many who ordered books complained that they
were also given a subscription for a newsletter
they did not order, followed by repeated bills
for the newsletter. Natural Cures, Inc., which
also does business as ITV Global Inc., has agreed
to stop (a) charging for items not requested, (b)
using consumer bank or credit card accounts for
unauthorized billing, (c) charging more than the
amounts advertised, and (d) delaying delivery of
requested products. The agreement also called for
payment of $2,000 in costs and a suspended
$10,000 assessment that would be charged if the
defendants violate the agreement. Complaints
about Trudeau products and overcharges are
widespread. Quackwatch has received several, and
more than 600 are posted at
http://www.infomercialscams.com/scams/natural_cures/start/640###
Other issues of the Digest are accessible through
http://www.ncahf.org/digest08/index.html. For
information about the National Council Against
Health Fraud, see
http://www.ncahf.org/about/mission.html. If you
enjoy the newsletter, please recommend it to your
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Stephen Barrett, M.D.
Board Chairman, Quackwatch, Inc.
Chatham Crossing, Suite 107/208
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