Judge Upholds FTC Action in False Cancer Cures Case

August 13, 2009

By Susan J. Matthees

The Federal Trade Commission (“FTC”) recently announced that an Administration Law Judge (“ALJ”) upheld FTC’s charges against a company, Daniel Chapter One, and its officer, James Feijo, for making claims that its shark cartilage and herbal supplements prevent, treat, and cure cancer. 

The ALJ wrote that the company “did not possess or rely upon competent and reliable scientific evidence to substantiate their claims.”  The ALJ ordered the company and its officer to stop making claims that their products inhibit tumor growth, eliminate tumors, treat or cure cancel, or heal the effect of radiation or chemotherapy unless the claims are true, not misleading, and based on reliable scientific evidence.  

The FTC first charged Daniel Chapter One in September 2008 as part of the FTC’s Operation False Cures, an enforcement initiative against companies that market false cancer remedies.  In September, the FTC announced actions against 11 different companies allegedly making unsupported claims to cure, treat, or prevent cancer.  Six of the companies targeted in the sweep settled with the FTC and the remaining 5, including Daniel Chapter One, were sued.