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Popular 'natural cures' infomercial misleading, agency says

By The Associated Press
08.08.05

Editor's note: Infomercial personality Kevin Trudeau filed a lawsuit on Aug. 11 against the New York Consumer Protection Board, accusing the state agency of interfering with sales of his book.

ALBANY, N.Y. — Watching TV one night about three months ago, 39-year-old Mike Hendry came across an infomercial for a book promising cures for a range of afflictions from diabetes to cancer.

Author Kevin Trudeau was reassuring and convincing as he pitched Natural Cures They Don't Want You To Know About. The normally skeptical Hendry, who suffers from arthritis, shelled out $39.99 for the book.

"I wasn't too far into it before I realized it wasn't saying anything," said Hendry, of Montauk.

Now the New York state Consumer Protection Board is warning consumers and asking cable stations to pull the ad, only the second time the board has issued a warning about an infomercial.

The Federal Trade Commission has prosecuted several cases against infomercials over the past decade, including recent lawsuits against the weight-loss supplement CortiSlim and Q-ray, the "pain-relieving bracelet."

There are currently 378 individuals and corporations under order or named as defendants in pending FTC law enforcement actions related to infomercials, primarily over unsubstantiated performance claims for the products being marketed. Since 1989, the actions have resulted in judgments of more than $711 million in consumer compensation and civil penalties.

Once the FTC prosecutes a case and obtains a finding of fraud, the defendant must pull the infomercial from the airwaves, said Laura Fishman, an FTC attorney. But there's little regulatory agencies can do to screen infomercials before they are broadcast.

Trudeau is still airing infomercials for Natural Cures They Don't Want You To Know About, despite a settlement with the FTC last year that broadly banned him "from appearing in, producing, or disseminating future infomercials that advertise any type of product, service, or program to the public, except for truthful infomercials for informational publications," according to the FTC.

Trudeau's current infomercial is exempt from the settlement because it's an expression of an opinion protected by the First Amendment, Fishman said.

Trudeau argues his book — which now sells for $17.97 on Amazon.com — wouldn't have sold 3 million copies unless it was helping people. The book was ranked 15th as of Aug. 5 on Amazon's list of top sellers.

"Friends are telling friends who are telling friends to buy the book. People stop me on the street and hug me, thanking me for the book," he said.

He said the regulatory agencies were acting only to protect the interests of pharmaceutical companies.

"Their actions against me only show what I'm saying is true," he said.

As part of Trudeau's settlement with the FTC last year, he was required to pay $2 million over an infomercial the FTC said gave misleading information on coral calcium.

That wasn't Trudeau's only legal difficulty; other products he's promoted that led to fraud charges include Exercise in a Bottle, Fat Trapper Plus and a Mega Memory System, according to the Consumer Protection Board.

Trudeau's legal right to promote the book on air doesn't make it any less harmful, said board Chairwoman Teresa Santiago. His claims are particularly egregious because they prey on those with serious illnesses, she said.

"He uses the magic word — 'cure.' That's a serious statement for people who are vulnerable and desperate for some sort of help," Santiago said.

In one chapter, Trudeau includes a chart listing Vitamin E as a cure for blood clots and infrared sauna and raw apple cider vinegar as cures for dandruff. For those with cancer, the "natural cure" is to "go to a licensed health-care practitioner."

Trudeau's book and infomercial is prompting the board to take a broader look at how infomercials are regulated and how to better protect consumers from fraud, Santiago said.

For now, the infomercial is still luring consumers like Gerald Bates, a 69-year-old Clyde resident who suffers from type II diabetes. After seeing the infomercial several times over the last year, Bates ordered Trudeau's book last month. To his surprise, the first page of the book was a disclaimer.

When he flipped to the section on diabetes, he didn't find any answers.

Francine Panico, a 55-year-old employee of the New York City Board of Education, didn't find any cures for the chronic migraines and high cholesterol she suffers from either.

"I never got what I was looking for," she said.

For answers, she said she was referred to a Web site that charges a monthly fee or $499 for a lifetime membership.


Related

FTC sues former baseball star over diet endorsement

Judge says case hinges on whether Steve Garvey made serious effort to substantiate infomercial claims, but attorney says such a requirement could chill commercial speech. 03.06.02

Conn. probes ad claims for new Coke drink

State attorney general demands scientific proof Enviga promotes calorie-burning, saying its marketing claims 'may be nothing more than voodoo nutrition.' 02.06.07

Deceptive infomercial violates court order, FTC says
Agency charges best-selling author Kevin Trudeau with misrepresenting contents of his latest book in three infomercials. 09.17.07

N.M. herb company claims FTC is stifling its speech
Owners challenge agency rules concerning what historical-use information can be promoted, saying they took some facts from government Web sites. 06.27.08

FTC warns against bogus cancer cures
One herb company's attorney argues that agency's campaign against product claims amounts to government censorship. 09.21.08

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