Senator Schumer Calls for Federal Action on H1N1 Scams

Washington, D.C. (WKBW) -- Today, U.S. Senator Charles E. Schumer requested that the Federal Trade Commission (FTC) act swiftly and aggressively to stop companies behind the wave of phony products claiming to cure and inoculate consumers against H1N1 being sold online.

Schumer said that such products, in addition to costing consumers thousands of dollars with no tangible benefits, make consumers feel safe but do not in fact provide any medical benefit. Products that claim to provide medical benefit or protection, but in fact do not, have profound public health implications because it may discourage people from being vaccinated and encourage them to take part in risky behavior. Furthermore, because the spread of H1N1 is limited the more people are vaccinated, the use of ineffective alternatives puts everyone at risk.

Schumer said that preying on the fears of New Yorkers is a reprehensible practice that must immediately be stopped. Schumer asked that the FTC consider all methods at its disposal – including shutting down offending companies and the associated websites – to stop these scam artists.

“It is almost incomprehensible that these companies are using Americans’ fears in a time of national emergency to make a quick buck,” said Schumer. “These companies need to be shut down, and quickly, so that not a single dollar more is spent on these fictitious cures and prevention methods.”

The websites feature such products as gloves, inhalers, masks, shampoos, herbal extracts, air fresheners, and an array of vitamins that make claims about fighting H1N1. Schumer said that these products have been in no way proven to combat the H1N1 virus, and may in fact make the problem worse by increasing complacency among users. In turn, these users, thinking they are no longer contagious, may go out in public and further spread the virus.

Schumer pointed to media reports implicating qbased.com and Weil Lifesyle LLC as companies that advertise products to combat the H1N1 virus. The Food and Drug Administration has identified 140 different products making these false claims being sold online.

Read Senator Schumer's full letter below:

The Honorable Jon Leibowitz Chairman, Federal Trade Commission 600 Pennsylvania Avenue, NW Washington, DC 20580

CC: The Honorable Margaret Hamburg, M.D. Commissioner, Food and Drug Administration 10903 New Hampshire Ave Silver Spring MD 20993

Dear Chairman Leibowitz,

I write today to ask the Federal Trade Commission to take immediate action to stop and shut down companies behind the internet sites and other advertisements which claim falsely that their products and treatments can cure, prevent, treat or diagnose the H1N1 influenza virus. A wide variety of phony flu remedies apparently are being packaged and sold to unsuspecting customers. At a time when consumers already are worried and anxious about the possibility of contracting the virus, these fly-by-night scam artists are seeking to make a profit by preying on those fears. These hucksters need to be stopped.

I appreciate that the Commission and the Food and Drug Administration already have taken many positive steps toward warning consumers about the fraudulent claims of these companies. Under your leadership, Mr. Chairman, the FTC has played a prominent role in policing these scam artists, but more can always be done to protect consumers. I ask that you turn your attention to these H1N1 con artists in order to protect consumers from being fleeced – and possibly harmed – when they are only trying to stay healthy.

I urge you to determine whether these websites and advertisements violate any of the laws enforced by the Federal Trade Commission, and to act swiftly against any website or company violating such laws. I also ask that you continue to make public any information regarding how consumers can avoid being taken advantage of and where consumers can go to receive the proper information regarding the H1N1 influenza virus and vaccine.

Thank you for your prompt attention to this matter. I look forward to hearing from you on this issue. If you have any questions, please contact Stacy Ettinger, on my staff, at 202-224-7945.

Sincerely,

Charles E. Schumer

United States Senator

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