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October 19th: FTC and FDA Act against Internet Vendors of Fraudulent Diabetes Cures and Treatments

The Federal Trade Commission (FTC) and the Food and Drug Administration (FDA), working with government agencies in Mexico and Canada, have launched a drive to stop deceptive Internet advertisements and sales of products misrepresented as cures or treatments for diabetes. The ongoing joint campaign has so far included approximately 180 warning letters and other advisories sent to online outlets in the three countries.

The joint diabetes initiative to stop commercial sale of fraudulent therapies originated with Web surf for “hidden traps” by the International Consumer Protection and Enforcement Network (ICPEN), an organization of law enforcement authorities, members of the Mexico, United States, and Canada Health Fraud Working Group (MUCH), and the attorneys general offices of Alaska, Michigan, Ohio, Virginia, and Wisconsin. MUCH, which consists of regulatory officials from health, consumer and competition protection agencies in the three North American countries, had previously conducted a campaign against fraudulent weight-loss products.

Using the results of the Internet sweep, FTC sent warning letters for deceptive ads to 84 domestic and 7 Canadian Web sites targeting U.S. consumers, and referred an additional 21 sites to foreign governments. About a quarter of the firms have already changed their claims or removed their pages from the Internet, and several others are in contact with FTC.

Today, FDA announced it has issued warning letters to 24 firms marketing dietary supplement products with claims to treat, cure, prevent or mitigate diabetes (see link to Warning Letters at http://www.cfsan.fda.gov/~dms/dialist.html ). The FDA letters warn firms that failure to promptly correct the violations may result in enforcement action without further notice, which may include seizure of violative products and/or injunctions against the manufacturers and distributors.

FDA has developed a strategy to focus its enforcement efforts in the area of dietary supplements, and today’s announcement is one important action under that strategy. The strategy was designed to address illegal dietary supplement ingredients and ensure integrity and truthful labeling of dietary supplements. One emphasis is on claims aimed at patients with serious diseases such as cancer and diabetes. Within the last twelve months, the agency has sent more than 100 warning letters and other advisories to Internet firms and has seized products at one firm.

In addition, the agency maintains special Web sites, in English and Spanish, which amplify the agency’s counsel to consumers to check with their doctor, nurse or pharmacist before trying any new health care product. These materials cover a broad range of subjects of special interest to patients with diabetes (see http://www.fda.gov/diabetes/; http://www.fda.gov/diabetes/pills.html; http://www.fda.gov/opacom/lowlit/diabetes.html; and http://www.fda.gov/opacom/lowlit/sdiabetes.html), as well as more general health care information. FDA has developed a strategy to focus its enforcement efforts in the area of dietary supplements, and today’s announcement is one important action under that strategy. The strategy was designed to address illegal dietary supplement ingredients and ensure integrity and truthful labeling of dietary supplements. One emphasis is on claims aimed at patients with serious diseases such as cancer and diabetes. Within the last twelve months, the agency has sent more than 100 warning letters and other advisories to Internet firms and has seized products at one firm.

In addition, the agency maintains special Web sites, in English and Spanish, which amplify the agency’s counsel to consumers to check with their doctor, nurse or pharmacist before trying any new health care product. These materials cover a broad range of subjects of special interest to patients with diabetes (see http://www.fda.gov/diabetes/;

http://www.fda.gov/diabetes/pills.html; http://www.fda.gov/opacom/lowlit/diabetes.html; and http://www.fda.gov/opacom/lowlit/sdiabetes.html), as well as more general health care information.

For the complete review of this update, Please follow http://www.fda.gov/bbs/topics/NEWS/2006/NEW01494.html

For any questions about this article, please Email Romil Rambhia at romil@mdiconsultants.com

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