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Consumer Health Digest #23-49
December 3, 2023
Consumer Health Digest is a free weekly e-mail newsletter edited by William M. London, Ed.D., M.P.H
http://www.calstatela.edu/faculty/william-m-london., with help from Stephen Barrett, M.D
http://www.quackwatch.org/10Bio/bio.html. 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. Its primary focus is on health, but occasionally it includes non-health scams and practical tips. To subscribe, click here
http://lists.quackwatch.org/mailman/listinfo/chd_lists.quackwatch.org###
DNA-testing firm barred from deceiving consumers
California-based CRI Genetics, LLC (CRI) will pay a $700,000 civil penalty and be barred from a wide range of deceptive practices to settle charges from the Federal Trade Commission (FTC) and the California Attorney General.
[FTC, California obtain order against DNA testing firm over charges it made a myriad of misrepresentations to consumers to entice them to buy ancestry reports
https://www.ftc.gov/news-events/news/press-releases/2023/11/ftc-california-obtain-order-against-dna-testing-firm-over-charges-it-made-myriad-misrepresentations. FTC press release, Nov 21, 2023]
The joint complaint
https://www.ftc.gov/system/files/ftc_gov/pdf/crigeneticscomplaint.pdffiled by the two agencies in a federal district court charges that CRI (which also does business as OmniPGX):
deceived consumers about the accuracy of its DNA-based ancestry and information reports compared with those of other DNA testing companies, such as Ancestry DNA and 23andMe
falsely claimed to have patented an algorithm for its genetic matching process
used fake reviews and testimonials on its websites
falsely claimed it had only a limited supply of the tests to entice consumers to buy them quickly
published star-rating reviews comparing CRI’s reports to other companies on the market on what appeared to be independent and unbiased websites, without disclosing that CRI owned the websites, which also provided links to purchase the company’s test kits
used “dark patterns”
https://www.ftc.gov/news-events/news/press-releases/2022/09/ftc-report-shows-rise-sophisticated-dark-patterns-designed-trick-trap-consumersin its online billing process to trick consumers into paying for products they did not want
The court order
https://www.ftc.gov/system/files/ftc_gov/pdf/crigeneticsstipulatedorder.pdf will:
(a) prohibit CRI from the deceptive conduct alleged by the agencies,
(b) require CRI to obtain consumers’ consent and describe to consumers how it may share their DNA information, and
(c) require CRI to delete the genetic and other information of consumers who previously received refunds and requested their data and other personal information be deleted.
The FTC offers advice to consumers who are considering using a DNA-testing service:
Make sure you dont get charged for something you don’t want.
Think about the source of the reviews you’re reading.
Be wary of companies that say their reports are the most accurate at predicting ancestry.
Report to the FTC at ReportFraud.ftc.gov
https://reportfraud.ftc.gov/#/if you’re doing business with a company and notice you can’t easily cancel or get your money back.
[Kreidler J. Can you trust the marketing claims your genetic testing company makes?
https://consumer.ftc.gov/consumer-alerts/2023/11/can-you-trust-marketing-claims-your-genetic-testing-company-makesFTC Consumer Alert, Nov 21, 2023]
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Chiropractors who billed for “general wellness” care must pay restitution to Medicaid
Chiropractors Cody C. Basler, 36, and Erik M. Lund, 30, have agreed to pay the state of Montana a total of $354,000 in restitution to settle allegations of Medicaid fraud. They must also pay a total of $96,000 in civil penalties and damages. Documents in the case indicate they billed the Montana Medicaid program for treatment that was not medically necessary, as defined by the state, from May 2017 to December 2021. Investigators identified Medicaid claims indicating treatment was for “general wellness” and was not directly related to a neuromuscular condition of the spine. Documentation of loss of function or patient impairment was lacking for those claims.
[Two Kalispell chiropractors to pay $450,000 following Medicaid fraud settlement
https://dojmt.gov/two-kalispell-chiropractors-to-pay-450000-following-medicaid-fraud-settlement/. Montana Department of Justice news release, Nov 15, 2023]
Consumers should be wary of chiropractors who offer “wellness”
https://quackwatch.org/cases/foreign/asa/advanced_wellness/or “maintenance”
https://centerforinquiry.org/wp-content/uploads/sites/33/quackwatch/ism.pdfcare.
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FDA issues another warning about tianeptine products
The U.S. Food and Drug Administration (FDA) is warning consumers not to purchase or use any Neptune’s Fix products, or any other product containing tianeptine
https://www.fda.gov/food/dietary-supplement-ingredient-directory/tianeptine-dietary-supplements. The potentially dangerous opioid-like substance is not FDA-approved for any medical use and is illegally sold with claims to improve brain function and treat anxiety, depression, pain, opioid-use disorder and other conditions. The agency has received severe adverse-event reports including seizures and loss of consciousness leading to hospitalization after use of Neptune’s Fix products. The product’s labels state that it contains tianeptine, but it may also contain other harmful ingredients not listed on the label. Tianeptine products are sold online and at gas stations, vape or smoke shops, and other locations. The FDA is testing these products and will provide more information as it becomes available. Last year, the agency warned consumers about the risks of using tianeptine
https://www.fda.gov/consumers/consumer-updates/tianeptine-products-linked-serious-harm-overdoses-death. In 2021, Consumer Reports identified “significant shortcomings”
https://www.consumerreports.org/health/tianeptine-illegal-dietary-supplement-is-being-sold-and-the-fda-knows-it-a2885441997/in the FDA’s tianeptine-related enforcement efforts.
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FTC warns trade associations and social influencers about undisclosed industry payments
The Federal Trade Commission (FTC) has warned two trade associations, the American Beverage Association (AmeriBev) and The Canadian Sugar Institute, that they may have violated the FTC Act by failing to adequately disclose social media influencers, including dietitians who were hired to promote the safety of aspartame or the consumption of sugar-containing products. This action follows FTC’s recent revision of the Commission’s Guides for Endorsements and Testimonials
https://www.ftc.gov/news-events/news/press-releases/2023/06/federal-trade-commission-announces-updated-advertising-guides-combat-deceptive-reviews-endorsements, and is part of the agency’s continued monitoring of influencer marketing.
The letter to AmeriBev
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-american-bev.pdfdetails concerns about posts on Instagram and TikTok by Valerie Agyeman
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-agyeman.pdf , Nichole Andrews
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-andrews.pdf , Leslie Bonci
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-bonci.pdf , Keri Gans
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-gans.pdf , Stephanie Grasso
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-grasso.pdf , Cara Harbstreet
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-harbstreet.pdf , Andrea Miller
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-miller.pdf , Idrees Mughal
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-mughal.pdf , Adam Pecoraro
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-pecoraro.pdf , and Mary Ellen Phipps
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-phipps.pdf , each of whom also received an individual warning letter.
The letter to The Canadian Sugar Institute
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-canadian-sugar.pdfexpresses concerns about Instagram posts by Jenn Messina
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-messina.pdf and Lindsay Pleskot
https://www.ftc.gov/system/files/ftc_gov/pdf/warning-letter-pleskot.pdf , each of whom also received an individual warning letter.
The warning letters identified what appeared to be paid posts that either did not disclose a material connection, or contained disclosures that may be inadequate. Each letter explained the FTC’s concerns regarding particular disclosures, including inconspicuous placement, ambiguous language, or the failure to clearly identify the sponsor of the posts. Each letter also included the FTC’s notice of penalty offenses concerning misleading endorsements and noted the recipient could face civil penalties of up to $50,120 per violation for future failures to disclose unexpected material connections. Finally, each letter asked the recipient to contact the agency within 15 days and detail any actions taken or that will be taken to address the concerns.
As discussed in the Commission’s Guides for Endorsements and Testimonials
https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf, paid endorsements should clearly and conspicuously disclose any unexpected material connections to ensure consumers have the information they need to make informed purchasing decisions.
[FTC warns two trade associations and a dozen influencers about social media posts promoting consumption of aspartame or sugar
https://www.ftc.gov/news-events/news/press-releases/2023/11/ftc-warns-two-trade-associations-dozen-influencers-about-social-media-posts-promoting-consumption. FTC press release, Nov 15, 2023]
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Stephen Barrett, M.D.
Consumer Advocate
7 Birchtree Circle
Chapel Hill, NC 27517
Telephone: (919) 533-6009
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