FTC to Impose Civil Penalties for Cancer-Fighting Claims

At the FTC’s request, the U.S. Department of Justice has asked a federal district court to impose civil penalties on herbal products company Daniel Chapter One and its principal, James Feijo, for allegedly violating an FTC Order to stop making cancer-fighting supplement claims.

The penalty includes a preliminary injunction to stop the company from continuing to make deceptive claims on its daily radio show and website, and to require the company and Feijo to send a notice to purchasers explaining the FTC’s findings that the advertisements were unsubstantiated-an order that was included in the FTC Order.

According to the FTC, Daniel Chapter One and Feijo deceptively advertised that four dietary supplements-BioShark, 7 Herb Formula, GDU, and BioMixx-inhibit tumor formation or growth, eliminate tumors, treat or cure cancer, or heal the effects of radiation or chemotherapy.

The company and Feijo were issued an FTC Order in December 2009 to cease making such claims and to notify customers about FTC’s findings. The company and Feijo appealed the case in March 2010, but the appellate court ruled in favor of the FTC and finalized its denial of the appeal on February 28, 2011.

The new civil penalty complaint, originally filed on August 13, 2010, by the Department of Justice on the FTC’s behalf, seeks civil penalties for violating the FTC Order.