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FTC and FDA Warn About Fraudulent H1N1 Tests or Cures

by Astrid Fiano, DOTmed News Writer | May 06, 2009
Fraudulent H1N1
(Swine Flu) tests or cures
As the U.S. continues to have widespread concern over the nature and scope of the 2009 H1N1 (swine flu) influenza virus, the U.S. Food and Drug Administration and the Federal Trade Commission (FTC) are asking the public to be cautious of internet sites and any promotions for products with claims of being able to diagnose, mitigate, treat or cure the virus. In addition, according to a press release on the FTC's website, the agencies are also advising offending web site operators to immediately correct or remove promotions of fraudulent products or face enforcement.

"Consumers who purchase products to treat the novel 2009 H1N1 virus that are not approved, cleared or authorized by the FDA for the treatment or prevention of influenza risk their health and the health of their families," said Michael Chappell, acting FDA Associate Commissioner for Regulatory Affairs, in the FTC's press release. "In conjunction with the Federal Trade Commission, the FDA has developed an aggressive strategy to identify, investigate, and take regulatory or criminal action against individuals or businesses that wrongfully promote purported 2009 H1N1 influenza products in an attempt to take advantage of the current flu public health emergency."

The FTC says in its press release that deceptive products are being sold online through illegitimate websites, and that the operators of such sites are exploiting the public concern over the flu outbreak. The products can include dietary supplements, food products, and even products purporting to be drugs, devices or vaccines. The FTC says the fraudulent product will not prevent transmission of the H1N1 virus or offer effective treatment.

"The last thing any consumer needs right now is to be conned by someone selling fraudulent flu remedies," said FTC Chairman Jon Leibowitz in the press release. "The FTC will act swiftly against companies that resort to deceptive advertising."

The FTC advises consumers to contact their health care providers or legitimate medical supply services if they have questions or concerns about medical products or personal protective equipment. They may also visit the FDA and Centers for Disease Control and Prevention Web sites for more information concerning what products the FDA has approved, cleared or authorized for use to diagnose, treat, prevent, mitigate or cure infections caused by H1N1 influenza virus. The FDA also offers a guide to safely buying medicines online at: http://www.fda.gov/buyonlineguide/

Consumers are urged to report any suspected fraudulent products or criminal activity relating to FDA regulated products associated with H1N1 Flu Virus to the FTA at: http://www.fda.gov/oci/flucontact.html

Consumers who wish to file a complaint against a company that they believe may be deceptively advertising swine flu products can call 1-877-FTC-HELP (1-877-382- 4357) or visit https://www.ftccomplaintassistant.gov/

Adapted from a press release by the FTC.