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FTC Prohibits Marketers of Herbal Products and the " Zapper " from Making

Unsubstantiated Claims

http://www.ftc.gov/opa/2001/12/westdiet.htm

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

ina 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.

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Has the FTC ever defined what they mean by a substantiated claim? If

so, where?

Leo

----------------------------------

>

>

> FTC Prohibits Marketers of Herbal Products and the " Zapper " from

Making

> Unsubstantiated Claims

>

> http://www.ftc.gov/opa/2001/12/westdiet.htm

>

>

> 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

> ina 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.

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