By Keith Regan E-Commerce Times
02/28/02 11:30 AM PT
Since November, the FTC has issued 121 letters warning online marketers against making
false claims in connection with bioterrorism treatments.
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The U.S. Federal Trade Commission (FTC) said it has
settled cases against two Web sites accused of fraudulently selling treatments and tests
for anthrax in the wake of last fall's terrorist attacks.
The FTC said it reached the settlement agreements within days of filing formal complaints
against Vital Living Products and Rawhealth.net. The settlements are the first cases to
be resolved since the agency began a massive online enforcement campaign late last year.
Andrea Foster, regional director of the FTC's Southeast regional office in Atlanta,
Georgia, told the E-Commerce Times that the two sites became targets for enforcement
because they did not respond to an earlier FTC e-mail warning them about making false
claims on the Web.
"Many of the companies we contacted took down their Web sites voluntarily," Foster said.
"We did not hear back from these sites, so we took the next step."
More Suits Coming?
Foster said she cannot discuss whether additional enforcement actions are forthcoming.
She noted that the anthrax scare is now nearly six months in the past, which is helping
to weed out fraudulent sites as well.
"There are always new ones coming up with different claims, and we are online all the
time searching them out," she said. "But, clearly, the anthrax treatment and detection is
not as big a selling point as it was when the frenzy was still going on."
Drop in the Bucket
Since November, the FTC has issued 121 letters warning online marketers against
making false claims in connection with bioterrorism treatments.
To date, about 70 of those sites have stopped making the claims challenged by the FTC in
conjunction with state attorneys general and other law enforcement sources.
"These companies used inaccurate and unfounded claims to sell peace of mind," FTC Bureau
of Consumer Protection Director J. Howard Beales said in a statement. "They tried to cash
in on consumer anxiety about bioterrorism."
Testing, Testing
The FTC charged that Vital Living Products, which operated out of North Carolina,
advertised a do-it-yourself anthrax test kit that it said could detect bacteria spores in
air, water and soil. The company claimed the kit was 95 percent accurate.
The agency said its own test, done with actual anthrax spores, found that the test was
ineffective.
The FTC noted that as a result of an injunction issued last fall, it knows of no test
kits actually sold to consumers. The Vital Living settlement prohibits the company from
shipping any more test kits unless it can prove that they work.
Poor Treatment
The FTC's case against Rawhealth.net and its operator, Kris Pletschke, involved claims
about a supposed cure for a range of pathogens, including anthrax.
That site, based in Beaverton, Oregon, sold a colloidal silver product and claimed it
would immediately kill up to 650 different human diseases, including anthrax, Ebola and
so-called flesh-eating bacteria.
Secret Solution
Exact terms of each settlement were not disclosed. Earlier, the FTC had warned that any
Web site found violating its rules could face a fine of US$11,000 for each infraction.
The FTC is not the only government agency that has cracked down on illegal Web sales in
the wake of September 11th. In December, the U.S. Securities and Exchange Commission
(SEC) filed suit against the alleged backers of a shell company that sold handheld
anthrax detection devices.
Many e-commerce companies watched the anthrax scare closely because it raised concerns
about package delivery heading into the 2001 holiday shopping season.
The most immediate impact, however, appeared to be a
boost for online bill payment as consumers opted to
reduce the amount of mail they receive.
EBay Stock Drops on Mixed Analyst Views February 28, 2002
EBay's fixed-price trading likely will speed up the rate at which purchases are made,
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Related Stories
U.S. To Target Fraudulent Health Sites June 12, 2001
In many of the 'Operation Cure All' cases, the FTC alleged that Web
sites falsely claimed their products were effective treatments or
cures for cancer, diabetes and AIDS.
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