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Where's Our Protection From Those Internet Scams? PDF Print E-mail
Swift
Written by James Randi   
Tuesday, 18 January 2011 14:19

The public is under attack, as if that's news. The Internet – nowadays available to anyone with a computer – offers all sorts of products and services that we should be able to assume have at least been considered by one of our federal agencies for legitimacy before being offered for sale. In the USA, the Federal Drug Administration [FDA] and the Federal Trade Commission [FTC] are in place to serve in that capacity, but they don’t because they can’t.

Anyone with a credit card can freely order diet drugs, sexual dysfunction devices and supplements, and a variety of items that are said to enhance athletic performance, and these are often sold exclusively via the Internet to escape regulation. Take one example, the “Slimming Beauty Bitter Orange Slimming Capsules,” which the vendors assured customers were “100% herbal” and “a Natural vitamin and calcium capsule.” But these pills – illegally – contained a powerful prescription-strength stimulant that in some patients could have brought about a heart attack. Luckily, this product was “withdrawn at the FDA’s request” before anyone was fatally affected by it.

Hold on! The FDA requested that it be withdrawn? They didn’t order its removal from sale? No, because the FDA can’t require that a product be intensively, independently, examined. They could do this themselves and pay for the research, spending our taxpayer money to do it, but they haven’t the budget. The quackery is just offered for sale. FDA surveillance and/or testing is limited by the huge size of the Internet industry, the other FDA duties, and lack of empowerment and resources to examine products before they’re put on sale. It’s a case of available manpower. FDA spokesperson Siobhan DeLancey says:

 "The reality is that we are lacking resources in terms of authority and money… we allocate our funds to best protect the public health…"

But the number of supplements, alone – from an estimated 40,000 to 75,000 including everything from vitamin C to weight-loss products – means that neither the FDA nor the FTC can possibly keep track of them all. And anyone, anywhere in the world, can set up a web page with a US address on it, and stay safely outside of the law. Technically, the FTC has the responsibility of regulating fraudulent advertising and the merchandising of supplements and services, but that would mean monitoring literally thousands of products and hundreds of thousands of ads. The result is that this agency only gets to handle a few dozen cases a year!

No, we’re simply not properly nor adequately protected from fake products, false advertising, and possibly fatal “supplements” and “services” that bring in untold sums from naïve victims. And that includes the various mystical assistance schemes offered by “psychics,” “readers,” “intuitives,” and “advisors” in the woo-woo fringe who peddle their wares via TV ads and exuberant media hosts, as well as more direct forms of print media.

We should bear in mind, too, that we invoke the disdain and anger of other global cultures that also have access to this nonsense via the USA agencies who just as easily and eagerly accept foreign currency...

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And your suggestion is....?
written by jimgerrish, January 18, 2011
And your suggestion is....?
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written by jimgerrish, January 18, 2011
Enlightened Despotism, perhaps?

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written by kenhamer, January 18, 2011
I suspect the problem is compounded by the lack of complaint these organizations receive from some people duped.

On top of the embarassment of being duped, it seems unlikely someone would complain that the penis-enlargement pills they ordered didn't work.
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written by krelnik, January 18, 2011
Just about one year ago there was actually an effort in the U.S. Congress to remedy this situation with the FDA. Senator John McCain introduced a bill called the Dietary Supplement Safety Act of 2010. Unfortunately it got sent to committee and appears to have died there. It got very little press in the skeptic community when it was introduced, the only mention I know of was when Orac reported on the bill getting scuttled.

Perhaps it will be reintroduced sometime. It actually had some big money backing behind it, from an unusual quarter: professional sports. They setup a website called Supplement Safety Now to promote it. (Why are they interested? Some athletes have gotten in trouble for using "herbal" remedies that actually turned out to have real drugs in them, due to poor regulation of ingredients).
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written by Steel Rat, January 18, 2011
How about we hold credit card processing companies responsible if their clients are selling something that isn't FDA approved? And if processing companies outside any example country don't wish to comply, block their IPs from that country. It's a much simpler solution (though admittedly far from perfect), and a smaller number of companies to go after. Just a thought.
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written by sfdyoung, January 18, 2011
For the sake of accuracy, FDA is the Food and Drug Administration, not the Federal Drug Administration.
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written by sfdyoung, January 18, 2011
How about we hold credit card processing companies responsible if their clients are selling something that isn't FDA approved?


I'm dissatisfied with the credit card companies as much as (if not more than) the next guy, but this seems like an unreasonable requirement to put on them. Imagine having to vet every single product offered by a company with a merchant account. Think your interest rates are high now? See what happens to them if something like this goes into effect.

Add to this the fact that the laws don't require most supplements to be approved by the FDA, and this scheme wouldn't really get us anywhere.
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written by Steel Rat, January 18, 2011
Not the Credit card companies, but the credit card processing companies. All they'd have to do is check an FDA database. If a supplement makes claims that have not been evaluated by the FDA, then they shouldn't be sold, no? It would certainly cut down on the vast majority of this stuff.
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written by lytrigian, January 18, 2011
@Steel Rat -- Thing is, pretty much all of these products carry the "quack Miranda warning", even if it's just fine print, specifically disclaiming any health benefits regardless of what their promotional materials say.

As thing stand, the only real time the FDA has any teeth it can use is when a product contains something other than what its label says it contains.

As for shifting the burden to credit card processors, I don't thing that's much better. Not only is it not their responsibility either, but they can't always know what's being purchased. And even if they did, I'm pretty sure many Americans don't want anyone keeping tabs on what they're buying.

The only solution I can see having any effect right now is education, which is yet another reason organizations like the JREF are so important.
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written by Steel Rat, January 18, 2011
I hear ya. Just throwing things out there.

Unfortunately education seems pointless. Thousands of years of human civilization and we're still killing each other over non-existent gods.
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Heavens to Murgatroyd!!!, Lowly rated comment [Show]
Look at the fake photos these guys use.
written by PeteSisco, January 18, 2011
Thanks for the continued exposure of these guys, James. It's a $24-billion/yr assault on people and the economy. Readers might be interested to see this article showing how they use fake blogs and fake before and after photos.
http://www.precisiontraining.com/before-and-after-photo-fraud/
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@lytrigian
written by medains, January 18, 2011
How about the companies with "quack miranda warnings" that contradict their advertising get prosecuted for false advertising - the product then doesn't even need to be tested.

Then if the warnings get removed then Steel Rat's approach could apply.
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written by ianmacm, January 18, 2011
Unfortunately, trying to stop scams like this is like trying to empty a lake with a thimble. The Internet is so large and rapidly changing that agencies like the FDA are struggling to keep up. There are the occasional notable victories (like the Australian ruling against Power Balance bracelets, Swift 23 Dec 2010), but unless something is illegal or dangerous, the FDA may not have the resources to shut it down. The scam artists know that this is a game where they are always likely to be one step ahead of the authorities. smilies/cry.gif
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written by MadScientist, January 19, 2011
Perhaps the FDA/FTC need a little supplement in their budgets for the next few years to run TV, radio, and newspaper ads around the country to encourage people to only buy medicines which their physicians advise them are effective, weight loss supplements suggested under supervision by nutritionists, and some over-counter drugs which a reputable pharmacist says actually works (though I suspect there are some whacky pharmacists too).

As for the snakeoil business which currently has its products in drug stores, we need a law banning them from sale as agents promoting or enhancing health unless they have first proven to the FDA that they work - similar to the case for real medicine. We need to see a genuine Phase 1,2,3 trial prior to approval. That can't stop the internet scams, but it can help out your average folks who walk into a drug store and don't know their oscillococcum from their digitalis.
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written by PeteSisco, January 19, 2011
MadScientist, those things won't happen because the supplement maker's have certain politicians in their pocket. Orrin Hatch in particular. Aided by his son the supplement lobbyist. The fix is in. The FDA has been neutered. (Not that any government agency is effective at performing it's stated function.) This YouTube clip might interest you: http://www.youtube.com/watch?v=3mfQTiumsO4&NR=1
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written by PeteSisco, January 19, 2011
SteelRat, I think you're on the right track with your idea. But I'd like to see the database operated by James Randi. He's not for sale like the politicians are.
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re: "as if that's news"
written by zhombu, January 19, 2011
With some of the comments here, I detect a more than a bit of, "yeah, and what else is new" regarding this article. I'm going to have to agree. Randi, I'm left with the feeling that you had more to say about this well-examined topic, but didn't include it. This type of woo sales exists exactly because it cannot be properly policed. I agree totally with lytrigian that education is the only answer here. We cannot expect to be able to protect the dimwitted from themselves all of the time. Better to educate and protect those who can understand and police themselves, and thereby swelling our ranks. Some people insist on being cannon fodder, so let them.
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written by SilverTiger, January 20, 2011
People have been trying to cheat others ever since the human race first appeared. It's sad, it's wicked, but it's not new. "Caveat emptor" still applies and it is absurd to expect some agency to protect us from all the cheats and snake-oil salesmen. There is so much publicity regarding spammers, scammers and rip-off merchants that anyone who still buys from these people is either extremely naive or an idiot. I have limited sympathy for them.

Your indignation does you credit but is doesn't solve the problem. The solution is for people to get a grip and not fall for offers that are obviously too good to be true.
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written by PeteSisco, January 20, 2011
SilverTiger, you are right, but the damage goes beyond the obvious. I sell something that would lend itself to before/after photos but the liars and frauds have so poisoned the well that people would not be impressed with truthful photos now. They have been so conditioned to believe that a few days of drinking fruit juice will make them a Greek god. The answer - I think - lies in free-market solutions that make it difficult for the bad guys to operate. Perhaps along the lines of what SteelRat suggested. My point: the damage is not just to the guy who got scammed out of 50 bucks. It's much wider.
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Last Updated on Tuesday, 18 January 2011 17:00