FDA warning about a "fraud" the FDA can't prove

Slinging Mud

Fake, false, bogus, fraudulentthese are all terms FDA officials recently used to describe certain cancer treatments sold on the Internet.

Just one little problem with that: The FDA has no basis to make such claims.

The crackdown

Last month the FDA sent warning letters to more than 20 companies that market cancer treatments. According to the agency, the companies fraudulently claim their products prevent and cure cancer.

I’ve looked at the warning letters and the language the companies used. There’s no question that, at worst, many of these companies blatantly ignored regulations that prohibit unsubstantiated health claims or, at best, tried to skirt around them. They tried to fly under the radar and got caught, so now they have to remove the cancer claims from their advertising or face sterner consequences than a letter.

But this business about “fraud” is out of line, and I’m certain that FDA lawyers are well aware of that.

These companies probably have little in the way of rigorous scientific proof that their products cure or prevent cancer. But I can promise you that the FDA has no proof at all that the products DON’T cure or prevent cancer. So to use descriptions like “fraudulent” and “fake” without offering evidence to back up those claims is an outright deception.

Or put another way: fraudulent.

Red flags flying

Meanwhile, the FDA notice also makes a point of unnecessarily demonizing the Internet.

The notice offers this quote from the agency’s associate commissioner for regulatory affairs: “Although promotions of bogus cancer ‘cures’ have always been a problem, the Internet has provided a mechanism for them to flourish.”

Of course, you won’t hear FDA officials complaining about the Internet as one of the mechanisms by which drug companies flourish. Maybe you’ve noticed that many drug product websites offer coupons and free samples. That’s right – free FDA-approved drugs, right on the Internet – come and get it!

The FDA also provides a hot tip about certain “bogus claims” to watch out for on websites that sell cancer treatments. They call these “red flag” phrases. Such as: “money- back guarantee,” and “non-toxic,” and “doesn’t make you sick.”

Hmmm “Money back guarantee””Doesn’t make you sick.” Those do sound dangerous to me – dangerous to the drug companies, that is.

Sources:
“FDA Warns Individuals and Firms to Stop Selling Fake Cancer ‘Cures'” FDA News, 6/17/08, fda.gov
“Beware of Online Cancer Fraud” FDA, fda.gov