Q-Ray ionized bracelet = fraud

According to a federal judge, claims that the Q-Ray ionized bracelet relieves pain were part of a scheme to "to defraud consumers out of millions of dollars by preying on their desire to find a simple solution to alleviate their physical pain." In an important victory for the Federal Trade Commission, the court ordered Que Te Park, QT Inc., and two related companies to disgorge all profit made from the sales of the falsely advertised product, an amount the judge put at $22.5 million. Story from the Chicago Tribune (registration required).

As part of its case, the FTC cited a study by the Mayo Clinic showing that the Q-Ray ionized bracelet was no more effective at relieving pain than a placebo. The defendants argued that even if the study was accurate, since some users experienced pain relief its claims were true.

The court rejected the defendant’s argument and that decision will benefit both consumers and advertisers of legitimate products. While the placebo effect cannot be taken lightly, courts have recognized that "a 'placebo' can work only by means of the artifice of its presentation to the patient - the patient must be misled as to its inherent effectiveness." United States v. An Article ... Acu-Dot, 483 F. Supp. 1311, 1314 n.3 (N.D. Ohio 1980). Since the placebo effect may be caused in large part by the deceptive advertisements, to hold that it is proof of effectiveness would encourage advertisers "to foist unsubstantiated claims on an unsuspecting public in the hope that consumers would believe the ads and the claims would be self-fulfilling." F.T.C. v. Pantron I Corp., 33 F.3d 1088, 1100 (9th Cir. 1994). Thus, as a matter of law the placebo effect cannot be the basis for finding an efficacy claim truthful or substantiated.

As a matter of commonsense, consumers expect a product that is advertised as a pain reliever to work better than a sugar pill. As one court explained in finding advertisements for a magnetic patch deceptive, “[a] kiss from mother on the affected area would serve just as well to relieve pain" but consumers obviously expect more from a product advertised as a pain reliever. Acu Dot, 483 F. Supp.at 1315.

I think a truthful advertisement for the Q-Ray bracelet would sound something like -- "this product is just as effective at relieving pain as doing nothing at all."