FDA Warns InfoWars Over COVID-19 Claims

By Emily Field
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Law360 (April 9, 2020, 6:54 PM EDT) -- The U.S. Food and Drug Administration on Thursday told Alex Jones and his online InfoWars store to stop selling products falsely touted as cures or treatments for the novel coronavirus, following a similar directive from the New York attorney general.

The FDA said that it and the Federal Trade Commission had checked the InfoWars website on April 6 and viewed videos boosting SuperSilver and Superblue products, such as toothpaste, as cures and treatments for COVID-19. The FDA ordered InfoWars to take down the videos and respond to the agency's letter within 48 hours.

In one of the videos, viewers who were concerned about COVID-19 were recommended to go to the InfoWars store and "pick up a little bit of silver that really acts its way to boost your immune system and fight off infection," according to the letter.

On March 12, New York Attorney General Letitia James sent a cease-and-desist letter, saying that Jones falsely claimed on his online show that the products act as a "stopgate" against the virus and "kill the whole SARS-corona family at point-blank range."

Jones is an inflammatory conspiracy theorist who has been driven from most digital platforms and sued multiple times for defamation. InfoWars did not immediately respond to request for comment on Thursday.

He also claimed in one video posted on March 10 that "the patented Nano Silver we have, the Pentagon has come out and documented, and Homeland Security have said this stuff kills the whole SARS corona family, at point blank range," according to the letter.

The FDA has so far sent letters to more than 20 companies warning them to stop peddling products with fraudulent claims related to COVID-19, according to a list on the agency's website. There are currently no drugs approved to prevent, treat or cure the disease, which has so far infected 1.5 million people worldwide.

The Genesis II Church of Health and Healing, a "non-religious church," was the recipient of another warning letter from the FDA and FTC on Wednesday for touting a bleaching agent as a treatment for COVID-19, repeating previous warnings that using these products can pose significant risks to patients' health.

The agencies said that claims that a chlorine dioxide product called "Miracle Mineral Solution" can prevent or treat the novel coronavirus are not backed by scientific evidence and that serious side effects have been reported with the products. The products are marketed as treatments for adults and children, which the agencies say is especially concerning since children are a vulnerable population that may be at greater risk for adverse reactions from consuming chlorine dioxide.

According to the letter, a page on the Genesis II website claims that 14 patients in Europe with COVID-19 took "Miracle Mineral Solution" and recovered.

The website also claimed that "those of us who have used chlorine dioxide (MMS) over the years certainly expected it to also work with this virus, but we wanted to be sure and now with this data we are confident that the proper mixture of chlorine dioxide (MMS) has every hope of eradicating COVID-19," according to the letter.

The FDA in August warned consumers not to not to purchase or drink chlorine dioxide products that are sold online as medical treatments.

Even though chlorine dioxide treatments have not been shown to be safe or effective for any use, including COVID-19, they are still sold as a remedy for autism, HIV, cancer and other conditions, despite their harmful side effects, the FDA said.

Those side effects include respiratory failure, life-threatening low blood pressure caused by dehydration, acute liver failure and severe vomiting and diarrhea, according to the FDA.

CBD companies have also been told to stop making allegedly fraudulent claims that their products prevent or treat COVID-19.

The FDA on Monday sent letters to five companies including CBD sellers Native Roots Hemp and Indigo Naturals ordering them to take down the allegedly misleading claims from their sites or face legal action, including monetary penalties, seizures and injunctions.

The FDA told the companies they were selling misbranded, unapproved new drugs in violation of the Federal Food, Drug and Cosmetic Act. The agency said the claims about CBD were also unsupported by science, in violation of the Federal Trade Commission Act.

U.S. Attorney General William Barr has directed U.S. attorneys' offices across the country to make enforcement a priority, and states' attorneys general are slapping companies with cease-and-desist letters demanding they stop misleading the public.

Companies and commentators making misleading health claims have been some of the most common targets, but the effort also includes rooting out alleged price-gouging on highly sought products including hand sanitizer, masks and toilet paper.

--Additional reporting by Jack Queen. Editing by Jay Jackson Jr.

For a reprint of this article, please contact reprints@law360.com.

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