Herbal and supplement products allegedly making deceptive cancer cure claims prompted the Federal Trade Commission to file complaints against 11 firms, including five that rejected settlement offers and are contesting the complaints.

The FTC Sept. 18 said it made complaints against 11 firms and six had accepted settlement offers. The other five did not accept settlement offers and their cases will be litigated before an administrative law judge at FTC, commission officials said.

To reach settlements, the companies are required to provide sales records and individual and company financial information.

Additionally, the firms must contact consumers who purchased their products to suggest they consult their doctors and explain there is a lack of scientific proof that the products can actually treat, prevent or cure cancer, the commission says.

The proposed settlements have to be approved by a judge. Three of the cases are filed in federal district court: Nu-Gen Nutrition Inc. of Troy, Mich., Westberry Enterprises Inc. of Pineville, La., and business operator James Franklin Clark of Louisville, Ky. The other three will be heard by an FTC administrative judge: Bioque Technologies Inc. of Blacksburg, Va., Cleansing Time Pro of Sparks, Nev., and Premium Essiac Tea 4less of Howell, Mich.

The companies contesting FTC's complaints are Daniel Chapter One of Providence, R.I., Gemtronics of Franklin, N.C., Native Essence Herb Co. of El Prado, N.M., Herbs for Cancer of Surprise, Ariz., and Omega Supply of San Diego.

The complaints follow an "Internet surf" the FTC, FDA and the Competition Bureau Canada conducted in June 2007. FTC says it sent 112 warning letters concerning cancer claims between August 2007 and January 2008.

Of the firms FTC contacted, 30 percent shut down their Web sites or discontinued the cancer claims. The remaining businesses were reviewed to determine the appropriate corrective action.

The products marketed include herbal mixtures, laetrile, black salve and mushroom extracts, FTC says.

FDA announced in June it sent warning letters to 23 U.S. companies and two foreign individuals the agency said violated the Food, Drug and Cosmetic Act by marketing unapproved new drugs. On Sept. 18 FDA said it sent five additional warning letters concerning cancer claims (¹ Also see "Lawyers Question FDA’s Broad Brush Approach In Cancer Claims Crackdown" - Pink Sheet, 23 June, 2008., p. 8).

Letter recipient Daniel Chapter One, which markets herbal formulations and shark cartilage with cancer claims, and owned by Jim Feijo and Trish Feijo, says the FTC and FDA "attack" is an effort of government "coercion" and "intimidation."

"If the FTC and FDA are successful in silencing Daniel Chapter One, individual consumers seeking to improve their health and the health of American society as a whole will suffer important losses," said James S. Turner, the Washington attorney representing the company.

The Natural Products Association and the Council for Responsible Nutrition said none of their members were targets of the FTC complaints.

NPA VP of Regulatory and Scientific Affairs Daniel Fabricant said the enforcement actions do not reflect on responsible companies. "The responsible industry says, 'If it looks too good to be true, it probably is,'" Fabricant said.

"The vast majority of supplement companies are walking the straight and narrow when it comes to their advertising claims, but it is the few outliers that can cast a negative shadow over the entire industry," CRN President and CEO Steve Mister said in an e-mail.

Food and drug attorney Ivan Wasserman said while the FTC has been successful in its enforcement actions against the individual companies, the agency would likely agree that this does not solve the problem of unsubstantiated cancer cures.

"The fact that FDA has simultaneously issued warning letters to many companies shows that the two agencies recognize that working together they can more effectively protect consumers than they can on their own," said Wasserman, of Washington-based Manatt, Phelps and Phillips.

- Katie Stevenson (k.stevenson@elsevier.com)

Cancer Claims Continue Attracting Federal Enforcement Actions

More from Archive

More from Pink Sheet