It’s been two years since the pandemic started. Do you think you’ve seen it all? How about herbal tea that claims to cure COVID-19 within 24-48 hours? The Federal Trade Commission called the claims deceptive. Therefore, we joined forces with the FDA and the Department of Justice to file a lawsuit in federal court challenging (among other things) the allegedly false and deceptive claims that Earth Tea can cure COVID-19, and that the defendants have clinical evidence to support their claims .
The complaint names New York-based B4B Earth Tea LLC, B4B Corporation and owner Andrew Martin Sinclair, also known as “Busta” Sinclair. According to the lawsuit, Sinclair and his company sold a 16-ounce bottle of Earth Tea for $60. The defendants promoted their products on their websites and through social media posts and videos on Facebook, Instagram, Twitter, TikTok and YouTube. That’s where consumers find jaw-dropping claims like the following:
- “B4B Corp is sharing the latest COVID-19 news…Earth Tea works!! All-natural instant immune booster clinical trials prove it [sic] Effective against Covid19”
- “Our clinical trials were successful. We are very successful in offering a money back guarantee against covid-19, if 2 vials don’t get you negative you will get your money back”
- “Our goal is zero deaths, zero respirators, zero suffering, zero hospitalizations, and zero long-haul transportation. Is that possible? Our first clinical trial report will show nature rules! Watch as we use the world’s most powerful natural supplement Agents leading the fight against #Covid19!”
This is just for beginners. In addition, the defendant promoted its products through the following statements:
- “Vaccine trials have shown 85%-96% prevention of hospitalization and so far with Earth Tea Extra Strength it’s 100% and we’ve helped people who have been vaccinated”
- “No one who tested positive and used Earth Tea went to the hospital”
- Attached was a picture comparing a bottle of vaccine to a bottle of Earth Tea, “Which one is 100% effective and has 0 side effects… #COVID19 trial reports are not the answers leaders want… compare the two.”
The FTC is seeking consumer refunds and civil penalties under the COVID-19 Consumer Protection Act. Even in the early stages of litigation, businesses can glean two important takeaways from this filing.
The fight over false coronavirus claims continues. As long as companies peddle unproven “cures” that put public health at risk, the FTC will continue to monitor the market and take appropriate legal action under the COVID-19 Consumer Protection Act. What’s more, the law — and has been the case for decades — is that companies that claim their products can cure or prevent serious disease need reliable science to back up their claims. “Research” is not enough. The FTC is expected to ask some key questions — for example, was the sample size large enough to produce statistically significant results and was there a control group?
Promotional claims on social media platforms are claims that need to be supported by strong and reliable scientific evidence. As the Federal Trade Commission points out, companies selling unproven coronavirus treatments have found a foothold on some social media platforms. But FTC staff also keep an eye out for questionable claims about health-related products on these platforms.
