FTC warns Whatcom company to cease unsubstantiated claims that product stops COVID-19
The Federal Trade Commission sent a letter to a Whatcom County company warning it to stop making unsubstantiated claims that its copper water bottles can kill the COVID-19 virus.
A Sept. 30 letter to Copper H2O in Blaine from the FTC stated that the company was “unlawfully advertising that certain products treat or prevent Coronavirus Disease 2019 (COVID-19).” The company says it has complied with the FTC’s direction.
Copper H2O was one 20 marketers nationwide that recently received letters from the FTC telling them to stop making unsubstantiated claims that their products can prevent or treat COVID-19, according to an FTC news release Thursday, Nov. 12.
The letters, including the one to Copper H2O, warn the marketers that the claims are unproven and are not supported by scientific evidence, making them a violation of the FTC Act of 1914, advises them to stop making the claims and instructs them to notify the FTC within 48 hours about the specific actions they have taken to address the agency’s concerns.
The letters also noted that if the unsubstantiated claims do not cease, the FTC may seek a federal court injunction and an order requiring money be refunded to consumers.
Copper H2O said in a statement emailed to The Bellingham Herald that it has complied with the FTC’s requests.
“In order to address the concerns raised by the FTC, we voluntarily and cooperatively modified or removed certain content from our website to ensure that our true meaning ... would not be misinterpreted,” the Copper H2O statement read. “We did so some time ago and the matter has been satisfactorily concluded.”
The FTC’s letter to Copper H2O cited 14 examples from the company’s website and social media accounts where claims, such as:
▪ “... Copper has anti-bacterial and anti-viral properties which make it a potential tool in the fight against the coronavirus.”
▪ “... Metal alloys containing 90% copper were found to inactivate the virus in 30 minutes or less.”
▪ “... Anytime you touch your copper water bottle, you can have confidence that any bacteria or viruses on the copper surface have already been destroyed or are currently under attack by copper ions.”
▪ “Although science has not yet identified a vaccine for the Coronavirus, studies confirm that copper can be used to kill the virus on contact.”
▪ “New research shows that copper has anti-viral properties that can fight Coronavirus.”
▪ “COPPER KILLS CORONAVIRUS … IT’S SCIENCE BRO.”
The letter went on to say, “It is unlawful under the FTC Act ... to advertise that a service or product can prevent, treat, or cure human disease unless you possess competent and reliable scientific evidence, including, when appropriate, well-controlled human clinical studies, substantiating that the claims are true at the time they are made.
“For COVID-19, no such study is currently known to exist for the products identified above. Thus, any coronavirus-related prevention or treatment claims regarding such products are not supported by competent and reliable scientific evidence. You must immediately cease making all such claims.”
Copper H2O told The Herald that its claims never said its products could treat or prevent COVID-19, but that copper, as a material, has anti-bacterial and anti-viral properties, supported by studies including a number it cites on its website.
“We have never suggested, whether in advertising material or otherwise, that our products, or any copper products, can treat or prevent COVID-19. In our respectful view, this is a misinterpretation of the content on our website,” the Copper H2O statement read.
Copper H2O also cited in its statement a March 17 study it was conducted by the National Institutes of Health, CDC, UCLA and Princeton University and published in the New England Journal of Medicine that it said, “demonstrated that COVID-19 has a significantly shorter longevity on copper (up to four hours) as opposed to other surfaces, such as plastic and stainless steel (up to two to three days).”
A check of Copper H2O’s website Thursday shows no mention of “coronavirus” or “COVID-19,” though the website still advertises “amazing health benefits” and states that “Studies have shown that copper is anti-bacterial, acts as an effective anti-oxidant, improves immunity, supports good health, prevents aging, eliminates toxins and free radicals, and stimulates the brain.”
The website also says a copper water bottle can support the digestive system, weight loss and the thyroid gland, prevent cancer, maintain cardiovascular health, fight arthritis and join inflammation and help keep skin healthy and acne free.
The website listed on Copper H2O’s website contact page, 701 Harrison Ave., Blaine, is the same as the Blaine Post Office. No post office box is included in the address.
The FTC has announced several court cases against companies for making unsubstantiated or false claims and ignoring the agency’s warnings since April, according to the release.
This story was originally published November 12, 2020 at 12:35 PM.
