Since the declaration of a public health emergency related to COVID-19 in February 2020, there has been an overwhelming response by the pharmaceutical industry to develop products to treat or mitigate the effects of the virus. Unfortunately, there have also been bad actors who have preyed upon people’s fears and sold products that they claim will prevent COVID-19. The United States government has tried several tactics in response to these actors, including issuing Warning Letters, seeking temporary restraining orders, suing for damages, and bringing criminal charges.
Warning Letters
From March 6, 2020, through May 31, 2020, 70 Warning Letters have been issued in response to myriad unapproved products marketed for the treatment and/or prevention of COVID-19. Some of the claims that received warning letters include:
- “Essential Oils to Protect Against Coronavirus . . . There are a wide range of essential oils that have been clinically proven to possess antiviral properties.” March 6, 2020, Warning Letter to Quinessence Aromatherapy LTD
- “Coronavirus (COVID-19, SARS-CoV-2) pandemic has no medical treatment. Natural antiviral herbs boost immunity & decrease virus virulence to achieve herd immunity.” March 26, 2020, Warning Letter to Carahealth
- “Arsenicum album 30 could be taken as prophylactic medicine against Corona virus infections.” April 1, 2020, Warning Letter to Homeomart Indibuy
- “Your Coronavirus Secret Weapon – Vitamin C . . .Vitamin C can be your secret weapon against the Coronavirus! . . . The Surgeon General and other U.S. health officials have told us that masks are not very effective against the virus . . . [t]he secret weapon that is not being talked about is Vitamin C (chemically Ascorbic Acid), the good old fashioned cold fighter…I take Vitamin C daily and just reordered some to be sure I don’t run out before Coronavirus season does!. . .Consider it cheap insurance…” May 19, 2020, Warning Letter to SpiceTac
Interestingly, there is a disproportionate number of Warning Letters issued to companies that have touted the healing powers of products such as toothpaste, colloidal mixtures, and essential oils, that contain silver.
- “Even though there are no vaccines available to combat these coronaviruses, there is a home remedy of Colloidal Silver 100 ppm that has worked effectively on coronaviruses successfully for the last 123 years.” March 6, 2020, Warning Letter to Xephyr, LLC
- “[I]t’s actually widely acknowledged in both science and the medical industry that ionic silver kills coronaviruses. And it’s now known that the Chinese are employing ionic silver in their fight against the spread of the coronavirus.” March 6, 2020, Warning Letter to Colloidal Vitality LLC
- “Colloidal Silver in a Nebulizer, the type that is commonly prescribed by medical professionals for asthmatics and those with chronic lung problems . . . provides a real prevention regimen for a number of maladies – including the Corona Virus.” April 1, 2020, Warning Letter to JRB Enter. Grp. Inc.
- “[T]he patented Nano Silver we have, the Pentagon has come out and documented, and homeland security have said this stuff kills the whole SARS corona family, at point blank range. Well of course it does, it kills every virus.” April 9, 2020, Warning Letter to Free Speech Sys. LLC d/b/a Infowars.com
The Warning Letters require the companies to respond via email within 48 hours with specific steps they will take to address the concerns outlined in the letter. If the violations are not immediately corrected, further legal action is threatened.
Temporary Restraining Orders/Injections
In the case of particularly egregious cases, the FDA can take immediate legal action. In Utah, the FDA filed a Complaint against Gordon Pedersen and two of his companies, for their alleged fraudulent promotion of their silver products for the treatment and prevention of COVID-19. According to the Complaint, Pedersen, through his companies, made claims that by having silver in your bloodstream, the virus would be ushered out of your body and that “it has been proven that Alkaline Structured Silver will destroy all forms of viruses, it will protect people from the Coronavirus.”
The FDA also filed an ex-parte motion seeking a temporary restraining order, at least partially based on the fact that Pedersen had been fired in 2011 for making unsubstantiated promotional claims and had been ordered to stop holding himself out as a “naturopathic doctor.”
Criminal Charges
Then, there’s the case of Richard Marshall, a naturopathic physician who was selling $140 products that could stop coronavirus. On April 30, 2020, Marshall was charged with introducing a misbranded drug into interstate commerce. Marshall has twice been convicted on distributing misbranded drugs.
More to Come?
Unfortunately, there are often people who try to take advantage of unfortunate situations. It is likely that the FDA and FTC will continue to take action against those trying to take advantage of others as we continue to make progress against the COVID-19 virus.