Courtesy of U.S. Attorney’s Office for the Eastern District of New York
Online ads promoting Earth Tea.
By Forum Staff
The Brooklyn U.S. Attorney’s Office and the Department of Justice, Consumer Protection Branch, together with the Federal Trade Commission and the Food and Drug Administration, on Thursday announced a civil enforcement action against B4B Earth Tea LLC, B4B Corp., and Andrew Martin Sinclair for alleged violations of the COVID-19 Consumer Protection Act, the Federal Trade Commission Act, and the Federal Food, Drug, and Cosmetic Act.
According to a complaint filed in federal court in Brooklyn, the defendants advertised that their herbal tea product, Earth Tea, could prevent or treat COVID-19. For example, the defendants allegedly advertised on social media that Earth Tea is the “most effective [t]reatment against” COVID-19, that it “works within minutes” and will enable consumers to “get out of quarantine within 24 hours guaranteed.” The defendants had no competent or reliable scientific evidence to support those claims. Further, the defendants allegedly made deceptive statements about a purported scientific study to bolster their unproven COVID-19 claims. The complaint also alleges that Earth Tea is an unapproved new drug that the defendants are selling in violation of the Federal Food, Drug, and Cosmetic Act. The complaint seeks civil penalties, as well as a permanent injunction to stop the defendants from continuing their unlawful marketing and sales of Earth Tea.
Photo Courtesy of U.S. Attorney’s Office for the Eastern District of New York
“We will not tolerate attempts to make a dishonest dollar while putting our communities at risk during a pandemic,” Peace said.
The COVID-19 Consumer Protection Act, passed by Congress in December 2020, prohibits deceptive acts or practices associated with the treatment, cure, prevention, mitigation, or diagnosis of COVID-19. Persons who violate the COVID-19 Consumer Protection Act may be subject to civil penalties, injunctive relief, and other remedies available under the FTC Act. The complaint also alleges violations of the FTC Act, which prohibits unfair and deceptive conduct and false advertising.
The Federal Food, Drug, and Cosmetic Act provides that a product is an unapproved new drug if it is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans but is not generally recognized as safe and effective for its intended uses and is not the subject of an FDA approval. Remedies for violation of the Federal Food, Drug, and Cosmetic Act include injunctive relief.
“COVID-19 has tragically claimed nearly one million lives in this country and close to six million lives worldwide,” said Brooklyn U.S. Attorney Breon Peace. “Unfortunately, there are too many people who are taking advantage of this crisis by pushing alleged treatment products that are nothing more than snake oil. We will not tolerate attempts to make a dishonest dollar while putting our communities at risk during a pandemic.”
