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Consumer Law Keyed to Pridgen, 5th Ed.
Federal Trade Commission v. QT, Inc.
Citation:
512 F.3d 858 (2008)Facts
The defendants promoted and sold the Q-Ray Ionized Bracelet as a therapeutic device for chronic pain relief through extensive infomercials and marketing campaigns. The promotional materials contained numerous false claims including that the bracelet emitted “Q-Rays,” was ionized, enhanced bio-energy flow, balanced positive and negative energies, and provided immediate, significant, or complete pain relief that had been “test-proven.” In reality, the bracelet had no therapeutic effect beyond a placebo effect, Q-Rays do not exist, the bracelet is not ionized, and the bio-energy claims were meaningless techno-babble. Defendants also falsely claimed the bracelet’s therapeutic effect wore off after one to two years and that it had a memory cycle specific to each wearer to increase sales. Even the physical composition was misrepresented, as bracelets sold as “gold” and “silver” were actually made of brass. The FTC brought suit under sections 45(a), 52, and 53 of the Federal Trade Commission Act.
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