In June 2000, the Attorneys General of twelve states announced that have settled consumer fraud allegations with Washington-based Oxyfresh Worldwide, Inc., a company specializing in health-related products, including a smoking cessation kit. The Attorneys General alleged that Oxyfresh made false representations to consumers in marketing its smoking cessation product. Oxyfresh offered an “Easy Quit Smokers Support System,” which was sold by independent sales representatives across the country.
The quit-smoking system was marketed as a smoking deterrent through unsubstantiated company claims that the product had healthful properties and could treat, cure or prevent nicotine addiction, assertions that made the product an unapproved drug under state and federal laws. Further, Oxyfresh promoted its product as being endorsed by a nonprofit group called “Doctors for a Smoke Free World,” an organization that does not exist. Additionally, the company touted the quit- smoking system as providing results that were not typical of the average consumer.
As part of the Assurance of Discontinuance, Oxyfresh has agreed to stop:
- Selling smoking cessation products that do not comply with U. S. Food and Drug Administration requirements
- Selling any smoking cessation product that contains ingredients prohibited or not approved by the FDA falsely implying that it is affiliated with or has the endorsement of any organization or individual
- Falsely representing the effectiveness of any of its products fabricating misleading statements for advertising or marketing purposes
Oxyfresh also agreed to pay a total of $65,000 to be divided equally among tthe states of Arizona, Arkansas, California, Connecticut, Florida, Kentucky, Massachusetts, New Mexico, Pennsylvania, Tennessee, Washington, and Wisconsin.
This article was posted on September 5, 2000.