Antitrust Law Daily Wrap Up, CONSUMER PROTECTION—E.D. Cal.: FTC obtains permanent injunction in suit alleging false advertising of purported COVID-19 treatment, (Oct 22, 2025)

By Patricia K. Ruiz, J.D.

The order prohibits the defendants from misrepresenting that any of the covered products treats, mitigates the symptoms of, or cures COVID-19, cancer, Parkinson’s disease, or any other disease.

The federal district court in Sacramento, California granted a request by the FTC for a permanent injunction against Golden Sunrise Nutraceutical, Inc., Golden Sunrise Pharmaceutical, Inc., and Huu Tieu (defendants, collectively). The permanent injunction stems from the FTC’s motion for summary judgment in its lawsuit, which alleged that the defendants falsely advertised that their Emergency D-Virus treatment plan was “FDA-accepted” and scientifically proven to treat COVID-19 (FTC v. Golden Sunrise Nutraceutical, Inc., No. 1:20-cv-01060-DJC-SKO (E.D. Cal. Oct. 17, 2025)).

Background. Golden Sunrise sells dietary supplements that the company claims provide numerous health benefits, including the ability to treat and cure serious illnesses. According to the FTC, Golden Sunrise began to market its Emergency D-Virus plan as a treatment for COVID-19 in March 2020. In April 2020, the FTC warned Golden Sunrise to stop making unsupported claims that the company’s treatment plan could prevent, treat, or cure COVID-19. The FTC says that despite the warning, Golden Sunrise continued to make unsubstantiated statements about the benefits and effectiveness of the Emergency D-Virus treatment plan.

In July 2020, the FTC sued the defendants for falsely advertising on billboards, websites, and social media that the Emergency D-Virus treatment plan was "uniquely qualified to treat and modify the course of the Coronavirus epidemic in CHINA and other countries," and users could expect the "disappearance of viral symptoms within two to four days." According to the FTC, Emergency D-Virus and the company’s treatments for other illnesses, which can cost as much as $200,000, are comprised mainly of various herbs and spices, and the company’s health claims are unsubstantiated. The FTC complaint also alleged the defendants falsely claimed their products and treatment plans were reviewed and accepted by the FDA and designated safe and effective.

In June of 2021, the medical director of Golden Sunrise agreed to stop advertising that the company’s $23,000 “Emergency D-Virus” treatment plan is FDA-accepted and scientifically proven to treat COVID-19.

Permanent injunction. The order prohibits the defendants from making any representation that any of the covered products treats, mitigates the symptoms of, or cures COVID-19, cancer, Parkinson’s disease, or any other disease, unless the representation is non-misleading, and, at the time of making such representation, they possess and rely upon competent and reliable scientific evidence substantiating that the representation is true. The court further prohibits the defendants from making any representation about the health benefits, performance, efficacy, safety, or side effects of any covered product, unless the representation is non-misleading and based on competent and reliable scientific evidence.

For the purposes of the order, “competent and reliable scientific evidence” must consist of human clinical testing of the covered product or of an essentially equivalent product that is sufficient in quality and quantity, based on standards generally accepted by experts in the relevant disease, condition, or function to which the representation relates. With regard to any human clinical test or study upon which the defendants rely to substantiate any claim covered by the order, the defendants must secure and preserve all underlying or supporting data and documents generally accepted by experts in the field.

The defendants are prohibited from misrepresenting in any manner that any covered product is accepted, approved, authorized, endorsed, or proven effective by the FDA or accepted, approved, authorized, or registered by the FDA as a dietary supplement, drug, or regenerative medicine advance therapy. The defendants are further prohibited from misrepresenting that the performance or benefits of any product are scientifically or clinically proven or otherwise established and from misrepresenting the existence, contents, validity, results, conclusions, or interpretations of any test, study, or other research.

The Case is No. 1:20-cv-01060-DJC-SKO.

Judge: Calabretta, D.

Attorneys: Edward Hynes for the FTC.

Companies: Golden Sunrise Nutraceutical, Inc.

Cases: ConsumerProtection Covid19 CaliforniaNews FederalTradeCommissionNews