Crackdowns on COVID-19 “cures” in US escalate

20 Apr 2020 --- The US state of Oregon is adopting stricter measures to crack down on products featuring unsubstantiated claims about COVID-19. This comes as the US Food and Drug Administration (FDA) continues to warn companies for these practices on a regular basis, with one case now escalating into a temporary injunction. Meanwhile, access to ample food continues to be a concern, with the US Department of Agriculture (USDA) announcing the US$19 billion Coronavirus Food Assistance Program (CFAP), which will help keep vulnerable groups fed.

The Oregon Department of Justice (OR DOJ) has adopted a rule – set to be effective until October 14, 2020 – stating that it is “unfair and deceptive” (and thus unlawful) to represent that any product “will prevent, treat, diagnose, mitigate, or cure coronavirus, COVID-19 or a related condition, without first having competent and reliable scientific evidence upon which to base a reasonable belief in the truth of the representation.”

OR DOJ justifies the temporary filing by noting that failure to act promptly will result in “serious prejudice to consumers who might be induced to buy goods based on unsubstantiated [COVID-19] claims.” Notably, consumers who believe that a product protects them from COVID-19 may not take the necessary precautions to protect against infection to themselves or others, or may not seek proper medical advice or treatment.

The move has been applauded by the American Herbal Products Association (AHPA). “Any such claim is also illegal under federal law and we have previously expressed our support for active enforcement by the FDA and the Federal Trade Commission (FTC) against such unlawful claims,” says AHPA President Michael McGuffin.

Crackdown on fraudulent products
The OR DOJ provides three examples of retailers currently selling products claiming to treat COVID-19, including a CBD retailer selling “COVID Lung Support Immunity Tinctures” and a chiropractor misrepresenting a supplement product. This comes as the FDA – acting with the FTC – has issued warning letters to a range of companies selling products with misleading claims that the products are safe or effective for the prevention and treatment of COVID-19.

One case against the Genesis II Church of Health and Healing has now culminated in a temporary injunction requiring Genesis and four associated individuals to immediately stop distributing its “Miracle Mineral Solution” (MMS). The FDA notes that when MMS is combined with the included activator, it has a chlorine dioxide content equivalent to industrial bleach. 

The FDA and the FTC had previously issued a warning letter requesting Genesis to respond within 48 hours describing the specific steps it has taken to correct the violations. In response to the warning letter, the defendants made it clear that they had no intention of taking corrective action and would continue to sell MMS in violation of the law, states the FDA. The Agency notes it has received reports of people experiencing serious adverse events, including respiratory failure, life-threatening low blood pressure and acute liver failure after drinking certain chlorine dioxide products.

“Americans expect and deserve proven medical treatments and today’s action is a forceful reminder that the FDA will use its legal authorities to quickly stop those who have proven to continuously threaten the health of the American public. It is vital that sellers of drug products comply with the Federal Food, Drug, and Cosmetic Act and do not sell products with false and misleading claims, especially to treat COVID-19 and other debilitating diseases, such as autism and Alzheimer’s Disease,” says FDA Commissioner Stephen Hahn.

There have been concerns surrounding parties taking advantage of consumer fears since the start of the spread of COVID-19, with calls for stricter action from the FDA and FTC. In addition to bleach, other supposed “cures,” including avoiding cold beverages and spicy food, have been making the rounds on social media. 

USDA’s CFAP is set to maintain integrity to the US supply chain and provide critical support to farmers.Safeguarding access to food
In addition to contending with fraudulent products, some consumers are also struggling to safeguard their access to standard food and nutritional products. In response, the USDA’s CFAP is set to maintain integrity to the US supply chain and provide critical support to farmers and ranching. 

A major element of the program is the USDA’s partnership with regional and local distributors, whose workforce has been significantly impacted by the closure of many restaurants, hotels, and other foodservice entities, to purchase US$3 billion in fresh produce, dairy and meat. The distributors and wholesalers will then provide a pre-approved box of these supplies to food banks, community and faith-based organizations and other non-profits serving US residents in need. 

Meanwhile, US$16 billion is going toward assisting agricultural producers whose prices and market supply chains have been impacted. Last week, The AHPA reported a host of supply chain issues within the herbal ingredients sphere to the USDA. Supply chains in many African countries are also at risk, with The Food and Agriculture Organization of the United Nations (FAO) stating that quick, strategic action is needed to lessen the impact of the COVID-19 pandemic on food security in Africa.

To keep readers informed of these rapid developments, NutritionInsight is updating its daily news feed for the coronavirus-related information and insights you need to guide your business through this challenging period.

By Katherine Durrell