FDA at it again

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Agencies Warn Web Site Over H1N1 Claims

 

 

 

 

 

 

 

 

 

 

 

By Michael Smith, North American Correspondent, MedPage TodayPublished: October 19, 2009

 

 

 

 

The FDA and Federal Trade Commission have warned a medical Web site to stop marketing a health supplement using claims it helps prevent the spread of the H1N1 pandemic flu.

The letter -- the first issued jointly by the agencies -- told the owners of the site www.drweil.com to stop marketing their product Immune Support Formula or face legal action.

Advertising on the site, the agencies said in the Oct. 15 letter, says "Dr. Weil's Immune Support Formula can help maintain a strong defense against the flu" and claims it has "demonstrated both antiviral and immune-boosting effects in scientific investigation."

The claims are not true, the letter said, noting the "product has not been approved, cleared, or otherwise authorized by FDA for use in the diagnosis, mitigation, prevention, treatment, or cure of the H1N1 flu virus."

The site operators were told they had 48 hours to give the agencies a plan to discontinue their fraudulent marketing.

The Web site's owner, Andrew Weil, MD, said in a statement that the offending material was primarily educational, and that it was the "opinion" of the agencies that the language did not meet current standards.

However, he said he had ordered the material removed from the site.

"All Weil editorial content is reviewed for compliance with FDA /FTC guidelines," he wrote. "I directed the Web site team to remove the FDA/FTC-referenced content for review, and they have done so. I fully support the FDA/FTC task force in its efforts."

It's the second time in in less than a week that the FDA has warned of possible Internet fraud surrounding the H1N1 flu. (See FDA Warns Pandemic Products on Web Could Be Phony)

Since May 2009, the FDA says, it has warned more than 75 Web sites to stop the sale of more than 135 products with fraudulent H1N1 influenza claims.

If a site does not comply, the FTC can ask for an injunction or issue an administrative order, while the FDA can seek an injunction, seize products or initiate a criminal prosecution.