The U.S. Department of Justice, via a request by the FTC, has asked a federal district court to impose civil penalties upon an herbal products company named “Daniel Chapter One (DCO)” and its principal, James Feijo, for allegedly violating an FTC Order.
The civil penalty action also seeks a preliminary injunction to stop DCO and Feijo from continuing to make deceptive claims on the company’s daily radio show and website about the supposed cancer-fighting properties of its supplements, and to require DCO and Feijo to send a notice to purchasers explaining the FTC’s findings that the advertisements were unsubstantiated, as required by the FTC Order.
Daniel Chapter One and Feijo deceptively advertised that four dietary supplements – BioShark, 7 Herb Formula, GDU, and BioMixx – inhibit tumor formation or growth, eliminate tumors, treat or cure cancer, or heal the effects of radiation or chemotherapy. An administrative trial took place in April 2009, and the Administrative Law Judge found that the defendants were making deceptive claims. The Commission upheld the ALJ’s initial decision in December 2009.
As part of the FTC Order issued in December 2009, Daniel Chapter One and Feijo were required to stop making the deceptive claims, and to send a notice to purchasers explaining the FTC’s findings that advertising claims for the supplements were unsubstantiated, and that consumers should consult with health care providers before using any herbal product, to ensure that all aspects of their medical treatment work together.