“A dose of this formula a day keeps viruses away . . . . and their variants.” That’s just one example of a representation California-based Precision Patient Outcomes, Inc., and CEO Margrett Priest Lewis made for a dietary supplement sold under the names COVID Resist and VIRUS Resist. The FTC has gone to court, alleging that the defendants’ claims that the product can treat, prevent, or mitigate COVID violate the COVID-19 Consumer Protection Act and the FTC Act.
Beginning in May 2021, the defendants advertised COVID Resist on their website for $34.95 per bottle. According to the label, the product contained Vitamin C, Vitamin D3, Vitamin K2, zinc, and quercetin dihydrate. The website included a page titled “Our Research” with quotes and references that the defendants said supported their claims. They also took to social media – Facebook, Instagram, TikTok, etc. – to promote the product as effective both before exposure to COVID and after.
If you’ve been following the FTC’s ongoing action plan for combating false or deceptive claims that products can prevent, treat, or cure COVID, you’ll want to read the complaint for details about an interesting interaction between the defendants and FTC staff at about the time the product was introduced. On May 5, 2021, Precision Patient Outcomes CEO Lewis wrote to the FTC that the company would be launching COVID Resist and invited staff to review the website. The letter continued, “[O]ur statements are supported by competent and reliable...
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