FTC challenges more bogus COVID claims

The FTC is sending two messages in lawsuits it filed against dietary supplements and essential oils purveyors. First, it will continue to crack down on unsubstantiated claims that products can prevent or treat COVID or other serious illnesses. Second, distributors for multilevel marketing companies can face the consequences for making such claims.

Since the COVID pandemic began, the FTC has sent over 400 cease and desist letters to companies it said were making false claims that their dietary supplements and other products could prevent, treat or cure COVID. In April 2020, it sent one to doTERRA International. This multilevel marketing company says on its website, “From the beginning, the mission of doTERRA has been to share the highest-quality essential oils with the world.” It says doTERRA is a Latin derivative, meaning “gift of the earth.”

The letter advised doTERRA that the agency had reviewed social media posts by its distributors and determined they were unlawfully advertising that certain of the company’s products could treat or prevent COVID. The letter said the company is responsible for the claims of its representatives and “You must immediately cease making all such claims.”

That didn’t happen, and in March, the FTC settled lawsuits against three current and former high-level doTERRA distributors – also called “Wellness Advocates” –  for making unsubstantiated COVID claims in webinars in 2022. One was a nurse practitioner, another was a pediatrician, and the third was a registered nurse. They touted their medical expertise in recommending the products.

Claims that the FTC said violated the FTC Act and the COVID-19 Consumer Protection Act included:

• The ingredients in one product “have had some great studies behind them as far as helping with COVID, post-inflammatory response and viral replication.”
• There is “amazing research on essential oils that inhibit the SARS-CoV-2 spike protein” relating to chemical compounds “in several of our oils.”
• According to the pediatrician, “… there are lots of studies that show that oregano is effective against a coronavirus, which is the family that COVID is in,” and “…lemon and geranium essential oil inhibits the mRNA transcription of the virus.”

Two defendants also misrepresented that the products were effective for long-haul COVID. All three agreed to court orders requiring them to stop making unfounded COVID claims, to have scientific proof for any other health claims they make, and to pay a $15,000 penalty.

The FTC and BBB offer this advice for consumers:

• Visit the FDA’s website to learn about treatments for COVID-19. When there’s a medical breakthrough, you won’t hear about it first through an ad or sales pitch.
• If you’re curious about a product that claims to treat any disease, talk to your doctor or healthcare provider about it.
• Know that unproven products and treatments might be dangerous. They may cause bad interactions with other products you’re taking.