The Department of Justice and the Federal Trade Commission (FTC) have filed a civil consumer complaint against Wellness Warrior for alleged violations of the COVID-19 Consumer Protection Act. This is the first enforcement action that alleges violations of this Act. The complaint was filed in the U.S. District Court for the Eastern District of Missouri.
According to the complaint, the defendants advertised that their vitamin D and zinc nutritional supplements could “prevent or treat COVID-19.” There is no reliable or competent scientific evidence to support these claims, according to the complaint. And the defendants allegedly advertised that their supplements were “equally or more effective therapies for COVID-19 than the currently available vaccines.” The government is claiming that there is no scientific support for this claim either. The complaint seeks civil penalties and injunctive relief to stop the defendants from continuing to make what it calls deceptive advertising claims.
The COVID-19 Consumer Protection Act was passed by Congress in December 2020. It prevents deceptive acts or practices that are associated with the cure, treatment, prevention, mitigation, or diagnosis of COVID-19. Anyone who violates this act can be subject to civil penalties, injunctive relief, and other remedies that are available under the FTC Act. The complaint against Wellness Warrior also alleges violations of the FTC Act, which prohibit false advertising and unfair and deceptive conduct.
Acting Assistant Attorney General Brian M. Boynton of the Department of Justice’s Civil Division said in a statement, “The Justice Department is committed to preventing the unlawful marketing of unproven COVID-19 treatments. Deceptive marketing of unproven products discourages consumers from following health and safety guidelines provided by public health officials. The unlawful spreading of COVID-19 misinformation to sell a product will not be tolerated.”
