FTC Issues Refunds to Purchasers of Cancer Cure Supplements

The FTC is reportedly mailing a total of 1,400 checks to consumers who paid for dietary supplements that were falsely advertised as having the ability to cure cancer. If you purchased BioShark, 7 Herb Formula, GDU or BioMixx, you may soon be receiving a check in the mail.

In 2008, the FTC filed a lawsuit against an herbal products company called Daniel Chapter One and its principal James Feijo after a law enforcement investigation into sellers of fake cancer remedies. The Daniel Chapter One website indicates that the organization “was started to bring spiritual and physical healing to the sick, to promote healthy eating and Bible-based natural remedies, and to help support home churches world-wide.”

The FTC alleges Daniel Chapter One and Feijo deceptively advertised that BioShark, 7Herb Formula, GDU and BioMixx could inhibit tumor formation, eliminate tumors, treat cancer, or relieve the side effects of chemotherapy or radiation.

In 2009, an administrative trial took place and it was determined that Daniel Chapter One and Feijo made deceptive claims regarding the dietary supplements. The defendants were ordered to stop making the claims and they were told to send a notice to consumers who had purchased the products, letting them know that the supplements’ advertised health benefits were unsubstantiated and that consumers should consult with a health care provider before using any herbal products.

The defendants appealed the decision, but the U.S. Court of Appeals for the District of Columbia Circuit agreed with the FTC and ruled that Daniel Chapter One and Feijo made deceptive claims regarding the health benefits of their supplements. The appellate court found that the FTC did not overstep its authority by requiring a reasonable basis for the defendants’ claims, and that defendants’ freedom of religion argument was without merit.

In 2010, the FTC filed a civil complaint against Daniel Chapter One and Feijo for allegedly violating the original order. The FTC found that the defendants continued to peddle their bogus cancer cures even though the health claims had never been substantiated. The defendants also reportedly failed to send the corrective notice to past purchasers.

Daniel Chapter One and Feijo were held in civil contempt per a court order dated May 9, 2012. Specifically, the defendants were found to have violated the FTC order by: “(1) continuing to make representations on their radio show that their products treat or cure cancer without competent and reliable scientific evidence to substantiate those representations, (2) encouraging potential customers to visit websites containing Daniel Chapter One publications that contain prohibited information and endorsements of the prohibited supplements, (3) not removing certain representations from the websites within their control, … and (4) failing to mail the required notice to all consumers who purchased BioShark, 7 Herb Formula, GDU, and/or BioMixx bewteen January 1, 2005, and April 2, 2010.”

If you have questions about the Daniel Chapter 1 case, you may contact the redress administrator at 1-855-263-3452.