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.