CONSUMERS SCAMMED BY CACTUS JUICE TO RECEIVE CHECKS

FROM:  U.S. FEDERAL TRADE COMMISSION
FTC Returns $3 Million to Consumers in Cactus Juice Scam

The Federal Trade Commission is mailing almost 500,000 checks totaling approximately $3 million to consumers who lost money to diet supplement marketers who made unsupported claims that their cactus-based fruit drink, Nopalea, would treat a variety of health problems.

In July 2014, the FTC settled charges against TriVita Inc. for using unsupported product claims to deceive consumers, including infomercials with testimonials from consumers who received a commission for selling its products.

Consumers who receive the checks from the FTC’s refund administrator for this matter, Gilardi & Co. LLC, should deposit or cash them within 60 days of the mailing date. The FTC never requires consumers to pay money or to provide information before refund checks can be cashed. The amount will vary based upon the amount of each consumer’s loss.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.  The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad.

FTC BARS COMPANY FROM MAKING FALSE CLAIMS ABOUT APP THAT CAN DIAGNOSE MELONOMA RISK

FROM:  U.S. FEDERAL TRADE COMMISSION
FTC Approves Final Order Barring Misleading Claims about App’s Ability to Diagnose or Assess the Risk of Melanoma

Following a public comment period, the Federal Trade Commission has approved a final consent order barring Health Discovery Corporation from making deceptive or unsupported claims that its app, MelApp, could help diagnose or assess consumers’ melanoma risk.

According to the FTC’s February 2015 complaint, MelApp instructed users to photograph a mole with a smartphone camera and input other information. It would then supposedly calculate the mole’s melanoma risk as low, medium, or high. The FTC charged that Health Discovery Corporation deceptively claimed the app accurately analyzed melanoma risk and could assess such risk in early stages, and that its accuracy was scientifically proven.

The final order settling the action bars the company from claiming that any device detects or diagnoses melanoma or its risk factors, or increases users’ chances of early detection, unless the representation is not misleading and is supported by competent and reliable scientific evidence. It also prohibits Health Discovery Corporation from making any other deceptive claims about a device’s health benefits or efficacy, or about the scientific support for any product or service, and requires the company to pay $17,963.

The Commission vote approving the final consent order and was 4-1, with Commissioner Maureen Ohlhausen voting no