Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: Mosquito shield manufacturer made unsubstantiated claims, violated earlier order, FTC charges, (Feb 20, 2015)

By Dan Selcke, J.D.

The FTC has filed a court complaint against Viatek Consumer Products Group, Inc. (Viatek) and its owner Lou Lentine for allegedly making unsubstantiated claims about their Mosquito Shield Bands product, the agency announced today. Filed in the federal district court in Chattanooga, Tennessee, the complaint also alleged that the defendants violated an earlier administrative order.

Mosquito Shield Bands are wristbands that, according to Viatek’s marketing materials, create a five-foot “vapor barrier” preventing or protecting users from getting bitten by mosquitos for 96-120 hours.

However, the complaint contends that the defendants did not have reliable scientific evidence to back up these claims and that the claims violated Section 5 of the FTC Act. It also alleges that the defendants’ actions violated the terms of a 2003 order issued by the FTC, which barred them from making deceptive claims about any products they market. The FTC is seeking a permanent injunction preventing the defendants from violating the FTC Act and the Commission order in the future, as well as civil penalties that will go toward providing refunds to consumers.

News: ConsumerProtection FederalTradeCommissionNews