A company that mixes radio, religion and the battle against cancer into one business has been pursued for some time by the Federal Trade Commission for marketing dietary supplements about which it makes cancer-fighting claims. The FTC won a court battle over whether or not the claims were substantiated, and it is now seeking a civil penalty since it says the claims are still being made.
The company, Daniel Chapter One and its principal, James Feijo, are charged with making unsubstantiated claims for four products: BioShark, 7 Herb Formula, GDU, and BioMixx. According to the FTC, the company claims the products “…inhibit tumor formation or growth, eliminate tumors, treat or cure cancer, or heal the effects of radiation or chemotherapy.” The claims are marketed on the company’s radio show, which according to its website runs from 12N-2PM weekdays.
DCO fought back against the FCC, using its program to solicit donations in order to do so. “As we appeal the FTC’s outrageous, unconstitutional censorship order against us, we are in tremendous need of financial assistance. It is a costly endeavor to continue to fund the dozens of stations that carry our ministry’s unique, one of a kind message of health knowledge and liberation. Furthermore, the FTC is threatening to fine us 11,000 dollars a day if we do not send out their phony confession letter. We are actively seeking appeal of this order in court. We have a strong case, but the process is an agonizingly slow one.”
FTC said, “In March 2010, DCO and Feijo petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review the FTC ruling that the defendants were making deceptive claims. In December 2010, the appellate court ruled in favor of the FTC. The Court of Appeals found that the Commission did not exceed its authority by requiring a reasonable basis for the defendants’ claims, and that the defendants’ legal arguments based on the right to freedom of religion were ‘wholly without merit.’ The appellate court finalized its denial of the appeal on February 28, 2011.”
FTC continued, “The new civil penalty complaint, originally filed on August 13, 2010 by the Department of Justice on the FTC’s behalf, seeks civil penalties from the defendants for violating the FTC Order. The complaint alleges that DCO and Feijo violated the Order by promoting cures for cancer and other tumors without reliable scientific evidence to substantiate their claims, and by ignoring provisions requiring that a corrective notice be sent to past purchasers.”
A stay on the court action allowing DCO a chance to appeal has been lifted, and FTC has reviled a request to force the company to cease making its claims.