Tip-offs to Rip-offs: Don't Fall for Health Fraud Scams



You’ll never see these warnings on health products, but that’s what you ought to be thinking when you see claims like “miracle cure,” “revolutionary scientific breakthrough,” or “alternative to drugs or surgery.”

Health fraud scams have been around for hundreds of years. The snake oil salesmen of old have morphed into the deceptive, high-tech marketers of today. They prey on people’s desires for easy solutions to difficult health problems—from losing weight to curing serious diseases like cancer.

According to the Food and Drug Administration (FDA), a health product is fraudulent if it is deceptively promoted as being effective against a disease or health condition but has not been scientifically proven safe and effective for that purpose.

Scammers promote their products through newspapers, magazines, TV infomercials and cyberspace. You can find health fraud scams in retail stores and on countless websites, in popup ads and spam, and on social media sites like Facebook and Twitter.

Tip-Offs

Consumers can subscribe to the FDA RSS feed6 that will send information on fraudulent products to your smart phone or computer and help you from being duped or hurt by these products.
To report a health product that you suspect is fraudulent, call your local FDA Consumer Complaint Coordinator7.



FDA offers some tip-offs to help you identify rip-offs.


One product does it all. Be suspicious of products that claim to cure a wide range of diseases. A New York firm claimed its products marketed as dietary supplements could treat or cure senile dementia, brain atrophy, atherosclerosis, kidney dysfunction, gangrene, depression, osteoarthritis, dysuria, and lung, cervical and prostate cancer. In October 2012, at FDA’s request, U.S. marshals seized these products.

Personal testimonials. Success stories, such as, “It cured my diabetes” or “My tumors are gone,” are easy to make up and are not a substitute for scientific evidence.
Quick fixes. Few diseases or conditions can be treated quickly, even with legitimate products. Beware of language such as, “Lose 30 pounds in 30 days” or “eliminates skin cancer in days.”

“All natural.” Some plants found in nature (such as poisonous mushrooms) can kill when consumed. Moreover, FDA has found numerous products promoted as “all natural” but that contain hidden and dangerously high doses of prescription drug ingredients or even untested active artificial ingredients.

“Miracle cure.” Alarms should go off when you see this claim or others like it such as, “new discovery,”

“scientific breakthrough” or “secret ingredient.” If a real cure for a serious disease were discovered, it would be widely reported through the media and prescribed by health professionals—not buried in print ads, TV infomercials or on Internet sites.

Conspiracy theories. Claims like “The pharmaceutical industry and the government are working together to hide information about a miracle cure” are always untrue and unfounded. These statements are used to distract consumers from the obvious, common-sense questions about the so-called miracle cure.

Even with these tips, fraudulent health products are not always easy to spot. If you're tempted to buy an unproven product or one with questionable claims, check with your doctor or other health care professional first.

Types of Fraudulent Flu Products

As the flu continues to make people sick—and even cause deaths—scammers are alive and well, promoting their fraudulent products to the unsuspecting public.

These scammers sell their products with claims to prevent, treat or cure the flu, even though they have not been tested and the Food and Drug Administration (FDA) has not approved them.

FDA warns consumers to steer clear of fraudulent flu products, which can be found online and in retail stores and may include products marketed as dietary supplements or conventional foods, drugs, nasal sprays and devices.

"As any health threat emerges, fraudulent products appear almost overnight," says Gary Coody, R.Ph., FDA's national health fraud coordinator. "Right now, so-called 'alternatives' to the flu vaccine are big with scammers."

"These unproven products give consumers a false sense of security," says Mary Malarkey, director of FDA's Office of Compliance and Biologics Quality. "There is no need to buy a product that claims to be an alternative to the vaccine. Flu vaccine is still available and it's not too late to get vaccinated."

The best way to prevent the flu is by getting vaccinated every year, and the Centers for Disease Control and Prevention (CDC) recommends the vaccine for adults and children over six months of age. To find a list of clinics, supermarkets, pharmacies and other vaccine providers in your neighborhood,  on "Flu Vaccine Finder" and enter your zip code.

If you get the flu, two FDA-approved antiviral drugs—Tamiflu (oseltamivir) and Relenza (zanamivir)—are treatment options recommended by CDC. These prescription drugs can help fight the virus in your body and shorten the time you're sick. They can also be used to help prevent the flu.

Types of Fraudulent Flu Products

There are no legally marketed over-the-counter (OTC) drugs to prevent or cure the flu. However, there are legal OTC products to reduce fever and to relieve muscle aches, congestion, and other symptoms typically associated with the flu.

But unapproved drugs (which sometimes are marketed as dietary supplements), conventional foods (such as herbal teas) or devices (such as air filters and light therapies) are fraudulent if they make flu prevention, treatment or cure claims, says Coody, "because they haven't been evaluated by FDA for these uses."

On Jan. 25, 2013, FDA and the Federal Trade Commission jointly sent a warning letter to the company that markets "GermBullet," a nasal inhaler that makes flu prevention and treatment claims. The firm is required to remove the language in its labeling and advertising that violates federal law.

"If the company continues to sell the product without removing the deceptive and illegal language, the firm may be subject to enforcement action, which could include seizure of the products or other legal sanctions," says FDA Regulatory Counsel Brad Pace, J.D., of FDA's Health Fraud and Consumer Outreach Branch.

Know the Risks



Buying from fake online pharmacies can be dangerous, or even deadly. Before you order medicine online, it is important to know the risks of buying from fake online pharmacies.


You could receive counterfeit or substandard drugs.

The drugs you receive may look real, but they could be counterfeit, contaminated, expired or otherwise unsafe. If you receive counterfeit or substandard medicines, they could keep you from getting better, make you sick or worse


Slight differences in your medicine can make a big difference.

Medicine that is approved for use in the United States has been reviewed for safety and effectiveness by the FDA. Medicine that may be approved in other countries or produced by unknown sources may have slight variations or different ingredients that could cause you to get sicker, develop a resistance to your medicine or cause new side effects. If you take more than one medication, these differences could also affect the way other medicines work or cause harmful interactions.


You could put your personal and financial information at risk.

Most fake online pharmacies lack adequate safeguards to protect personal and financial information, and some intentionally misuse the information you provide. These sites may infect your computer with viruses or sell your personal information to other rogue websites and Internet scams. If you buy medicine from a fake online pharmacy, you also risk being harassed by repeated emails and phone calls or being charged for products you never ordered or received.





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Tips for identifying safe online pharmacies:

Always require a doctor’s prescription

Provide a physical address and telephone number in the United States

Offer a pharmacist to answer your questions

Have a license with your state board of pharmacy.
Find your state’s pharmacy licensing database2.

Tip-Offs to Rip-Offs
By learning to recognize health fraud scams, you can help to avoid them.
Be suspicious of these red flag claims:
“Quick fix”
“All natural, miracle cure”
“One product does it all”
“New discovery” or “Scientific breakthrough”
“Secret ingredient”
“No more herpes”
“Shrinks tumors”
“Lowers blood sugar”
“Lose weight without diet or exercise”
Protect Your Information
Never give out personal information including your Medicare ID # in exchange for a free offer.
Don’t Be a Victim of Health Fraud Scams
Health fraud scams are everywhere. You can find them on TV “infomercials,” radio, and in magazines or newspapers.
Promotions for fraudulent health products are frequently found on the Internet, and you might even receive them in unsolicited emails. Fraudulent health products are also sold in stores and through mail-order catalogs.
Some companies even recruit your friends, family, or coworkers to spread the word about their products through word-of-mouth marketing.
Be wary of personal testimonials by “real people,” or “doctors,” played by actors claiming amazing results. Testimonials are not a substitute for scientific proof and can be a tip-off that it’s a scam.
The bottom line is this, if it’s an unproven or little known treatment, talk to your doctor or health care professional before using it. This is especially important if you are already taking prescription drugs.

How to Spot Health Fraud

You don't have to look far to find a health product that's totally bogus--or a consumer who's totally unsuspecting. Promotions for fraudulent products show up daily in newspaper and magazine ads and TV "infomercials." They accompany products sold in stores, on the Internet, and through mail-order catalogs. They're passed along by word-of-mouth.

And consumers respond, spending billions of dollars a year on fraudulent health products, according to Stephen Barrett, M.D., head of Quackwatch Inc., a nonprofit corporation that combats health fraud. Hoping to find a cure for what ails them, improve their well-being, or just look better, consumers often fall victim to products and devices that do nothing more than cheat them out of their money, steer them away from useful, proven treatments, and possibly do more bodily harm than good.

"There's a lot of money to be made," says Bob Gatling, director of the program operations staff in the Food and Drug Administration's Center for Devices and Radiological Health. "People want to believe there's something that can cure them."

FDA describes health fraud as "articles of unproven effectiveness that are promoted to improve health, well being or appearance." The articles can be drugs, devices, foods, or cosmetics for human or animal use.

FDA shares federal oversight of health fraud products with the Federal Trade Commission. FDA regulates safety, manufacturing and product labeling, including claims in labeling, such as package inserts and accompanying literature. FTC regulates advertising of these products.

Because of limited resources, says Joel Aronson, team leader for the nontraditional drug compliance team in FDA's Center for Drug Evaluation and Research, the agency's regulation of health fraud products is based on a priority system that depends on whether a fraudulent product poses a direct or indirect risk.

When the use of a fraudulent product results in injuries or adverse reactions, it's a direct risk. When the product itself does not cause harm but its use may keep someone away from proven, sometimes essential, medical treatment, the risk is indirect. For example, a fraudulent product touted as a cure for diabetes might lead someone to delay or discontinue insulin injections or other proven treatments.

While FDA remains vigilant against health fraud, many fraudulent products may escape regulatory scrutiny, maintaining their hold in the marketplace for some time to lure increasing numbers of consumers into their web of deceit.

How can you avoid being scammed by a worthless product? Though health fraud marketers have become more sophisticated about selling their products, Aronson says, these charlatans often use the same old phrases and gimmicks to gain consumers' attention--and trust. You can protect yourself by learning some of their techniques.

The following products typify three fraudulent products whose claims prompted FDA to issue warning letters to the products' marketers, notifying them that their products violated federal law. Two of the products also were added to FDA's import alert list of unapproved new drugs promoted in the United States. Products under import alert are barred from entry onto the U.S. market.

Take a look at these products' promotions. They are rife with the kind of red flags to look out for when deciding whether to try a health product unknown to you.

Paula Kurtzweil is a member of FDA's public affairs staff.

Quick Fixes

"... eliminates skin cancer in days! ..."

Be wary of talk that suggests a product can bring quick relief or provide a quick cure, especially if the disease or condition is serious. Even with proven treatments, few diseases can be treated quickly. Note also that the words "in days" can really refer to any length of time. Fraud promoters like to use ambiguous language like this to make it easier to finagle their way out of any legal action that may result.

Product No. 2: Over-the-counter transdermal weight-loss patch

FDA issued a warning letter to the marketer of the weight-loss product described here because it did not have an approved new drug application. Because of the newness of the dosage form--skin-delivery systems--FDA requires evidence of effectiveness, in the form of a new drug application, before the product can be marketed legally.

'Natural'

"Healthy, simple and natural-way to help you lose and control your weight."

Don't be fooled by the term "natural." It's often used in health fraud as an attention-grabber; it suggests a product is safer than conventional treatments. But the term doesn't necessarily equate to safety because some plants--for example, poisonous mushrooms--can kill when ingested. And among legitimate drug products, says Shelly Maifarth, a compliance officer and health fraud coordinator for FDA's Denver district office, 60 percent of over-the-counter drugs and 25 percent of prescription drugs are based on natural ingredients.

And, any product--synthetic or natural--potent enough to work like a drug is going to be potent enough to cause side effects.

Satisfaction Guaranteed

"... Guarantee: If after 30 days ... you have not lost at least 4 pounds each week, ... your uncashed check will be returned to you ... ."

Here's another red flag: money-back guarantees, no questions asked.

Good luck getting your money back. Marketers of fraudulent products rarely stay in the same place for long. Because customers won't be able to find them, the marketers can afford to be generous with their guarantees.

Product No. 3: Unapproved weight-loss product marketed as an alternative to a prescription drug combination

FDA issued an import alert for a Canadian-made weight-loss product whose claims compared the product with two prescription weight-loss drugs taken off the market after FDA determined they posed a health hazard.

Promises of Easy Weight Loss

"Finally, rapid weight loss without dieting!"

For most people, there is only one way to lose weight: Eat less food (or fewer high-calorie foods) and increase activity.

Note the ambiguity of the term "rapid." A reasonable and healthy weight loss is about 1 to 2 pounds a week.

Paranoid Accusations

"Drug companies make it nearly impossible for doctors to resist prescribing their expensive pills for what ails you ... ."

"It seems these billion dollar drug giants all have one relentless competitor in common they all constantly fear--natural remedies."

These claims suggest that health-care providers and legitimate manufacturers are in cahoots with each other, promoting only the drug companies' and medical device manufacturers' products for financial gain. The claims also suggest that the medical profession and legitimate drug and device makers strive to suppress unorthodox products because they threaten their financial standing.

"This [accusation] is an easy way to get consumers' attention," says Marjorie Powell, assistant general counsel for the Pharmaceutical Research and Manufacturers of America. "But I would ask the marketers of such claims, 'Where's the evidence?' It would seem to me that in this country, outside of a regulatory agency it would be difficult to stop someone from making a claim."

Think about this, too: Would the vast number of people in the health-care field block treatments that could help millions of sick, suffering patients, many of whom could be family and friends? "It flies in the face of logic,"

.

To check a product out, FDA health fraud coordinators suggest:

Talk to a doctor or another health professional. "If it's an unproven or little-known treatment, always get a second opinion from a medical specialist," Rodriguez says.
Talk to family members and friends. Legitimate medical practitioners should not discourage you from discussing medical treatments with others. Be wary of treatments offered by people who tell you to avoid talking to others because "it's a secret treatment or cure."
Check with the Better Business Bureau or local attorneys generals' offices to see whether other consumers have lodged complaints about the product or the product's marketer.
Check with the appropriate health professional group--for example, the American Heart Association, American Diabetes Association, or the National Arthritis Foundation if the products are promoted for heart disease, diabetes or arthritis. Many of these groups have local chapters that can provide you with various resource materials about your disease.
Contact the FDA office closest to you. Look for the number and address in the blue pages of the phone book under U.S. Government, Health and Human Services, or go to
. FDA can tell you whether the agency has taken action against the product or its marketer. Your call also may alert FDA to a potentially illegal product and prevent others from falling victim to