Feds Ask Court to Silence Radio Host's 'Cancer Cure' Claims

The U.S. Justice Department is asking a federal court to issue an injunction against a radio talk show host who sells his herbal products on his radio show, claiming that they have cancer-fighting properties.

The Federal Trade Commission (FTC) originally sued Daniel Chapter One and its founder, James Feijo, in 2008 as part of a nationwide sweep aimed at peddlers of phony cancer remedies.

The FTC charged that Daniel Chapter One and Feijo deceptively advertised that four dietary supplements – BioShark, 7 Herb Formula, GDU, and BioMixx – inhibit tumor formation or growth, eliminate tumors, treat or cure cancer, or heal the effects of radiation or chemotherapy. 

Feijo and his wife, Tricia, founded their company as a “health store/healing ministry” in 1986, according to promotional material on the Accent Radio Network's website. Feijo says he drew from his “knowledge of biochemistry and nutrition” to develop products that work “at the cellular level.”

“Never before had the fact been realized or addressed that a person who is sick has energy demands equal to that of an athlete. Never before had  protein formulas been formulated and used to meet those mutual needs. Jim drew from his knowledge of biochemistry, and nutrition, and brought the two sciences together in a radical application with products that could be immediately and fully assimilated, available to the body at the cellular level,” the site claims.

An administrative trial took place in April 2009, and the Administrative Law Judge found that the defendants were making deceptive claims.  The Commission upheld the ALJ’s initial decision in December 2009.

As part of the FTC's order Feijo and his company were required to stop making the deceptive claims, and to send a notice to purchasers explaining the FTC’s findings that advertising claims for the supplements were unsubstantiated, and that consumers should consult with health care providers before using any herbal product, to ensure that all aspects of their medical treatment work together.

In March 2010, Feijo petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review the FTC ruling that the defendants were making deceptive claims.  In December 2010, the appellate court ruled in favor of the FTC.  The Court of Appeals found that the defendants’ legal arguments based on the right to freedom of religion were “wholly without merit.” 

The latest complaint, originally filed on August 13, 2010, seeks civil penalties from the defendants for violating the FTC Order.  The complaint alleges that DCO and Feijo violated the Order by promoting cures for cancer and other tumors without reliable scientific evidence to substantiate their claims, and by ignoring provisions requiring that a corrective notice be sent to past purchasers.