FTC says invisible masks’ ‘invisibility’ proves their anti-virus claims

According to the proposed settlement and a complaint filed with the Federal Trade Commission, the companies and their president and CEO marketed a product called the 1Virus Buster Invisible Mask, claiming that wearing the badge-like gadget around the neck would create a three-dimensional ft. of barrier to prevent the spread of the virus. 99.99% of viruses and bacteria, including COVID-19. But from the FTC’s perspective, the only thing invisible about the “invisible mask” is the scientific evidence supporting its claims.

The evidence may not be obvious, but the defendants’ commitment to consumers is absolutely overt. According to one of the defendants’ websites:

1 Invisible mask provides three feet of protection against airborne viruses, including Covid 19. This extra protection is needed to fill in the gaps when you take your mask off to eat, drink, and talk. The quantum science behind the technology allows this protective barrier to protect against pathogens and viruses, including COVID 19, for up to 30 days.

How can badges worn around the neck protect consumers from COVID-19? The defendant explained this:

The lightweight pouch containing the invisible barrier sits low on the face and can be clipped to clothing or worn loosely around the neck, similar to an ID badge. This way, the area around the head and face can benefit from this invisible protective formula. A patent-pending technology called Isil-Chlor ensures science by backing the positive, proven results of this one-of-a-kind virus killer that is reliable, safe, harmless and easy to use.

According to the complaint, the defendants further claim to have scientific support in the form of in vitro laboratory tests that purportedly assess the product’s effectiveness against Staphylococcus aureus and a case study of 598 volunteers that reportedly measured the product’s “ability to kill viruses and bacteria and its impact on allergy symptoms.” They also provide a “Certificate of Registration” with the FDA logo on their website.

That’s what the defendants say about their “quantum science,” but from the FTC’s perspective, their advertising claims reflect a giant leap in logic that’s not supported by proper evidence—and doesn’t have any approval from the FDA. What about the FDA “registration certificate”? The complaint states, “Defendants’ certifications are false. The FDA will not issue registration certificates to medical device manufacturers.”

This isn’t the first time the defendants have heard from the FTC.Older Federal Trade Commission Warning Letter Advise them, “[A]Any coronavirus-related prevention or treatment claims made about these products are not supported by reliable scientific evidence. You must immediately cease making all such claims. “

Three defendants – Gary Kong, KW Technology Inc. and KW Technology NV Inc. – have entered into a proposed settlement that prohibits making false statements about the health, safety or efficacy of any product; prohibiting false claims to obtain government approval or license ; and impose a financial compensation of US$150,000. Proceedings against defendant Timothy Wetzel continue.

Read the FTC’s Health Product Compliance Guidelines to learn more about substantiating health claims.