The Opioid Addiction Recovery Fraud Prevention Act (OARFPA) allows the FTC to seek penalties for deceptive advertising of products or services marketed to treat substance use disorders. The agency has brought its first smoking cessation case under the act.

Michael J. Connors and companies he owns sold the Smoke Away brand of products, including Smoke Away Formula 1 tablets, Smoke Away Maintenance tablets, Spray Away by Smoke Away homeopathic spray, and Smoke Away Homeopathic Pellets. Product ingredients included vitamins and botanicals such as alfalfa root, licorice root, cape aloe and white oak. A basic kit of two products sold for about $69.

They claimed that using the products would eliminate consumers’ nicotine addictions and help them quit smoking quickly, easily and permanently. Their Amazon page said, “Attention all smokers. If you’re serious about kicking the habit, if you want to quickly and safely tackle your cravings for cigarettes, here is great news from the makers of Smoke Away. For less than the cost of gum, patches, or prescriptions that often don’t work, we’ll rush you the all-natural Smoke Away system that’s sweeping the country…Don’t be a slave to cigarettes anymore.”

Smoke Away tablets would “help you stay calm and comfortable in spite of the nasty withdrawal symptoms your body throws at you.” Ads for a spray product said a consumer who felt the urge to smoke could “simply spray 2 or 3 times under your tongue and the fast acting formula goes to work immediately.”

According to the FTC, the claims were either false or not substantiated by competent and reliable scientific evidence. Samuel Levine, Director of the FTC’s Bureau of Consumer Protection, said, “Those struggling with alcohol, tobacco, or drugs deserve help and support, not phony promises, and we will continue to hold accountable those who prey on addiction sufferers.”

The FTC also charged Connors and his companies with using phony customer testimonials to peddle their products. In a video, Deborah said “It saved my life; it saved my friendships; it saved my wallet.” Andrew said he had tried everything – the patch and gum – and nothing worked until he found Smoke Away. Some of the people offering testimonials were paid actors who hadn’t used the products.

The products were promoted through the companies’ websites, in social media platforms like Facebook and YouTube, in radio ads, through text messages, and via online advertising networks like Google Search ads and Google Display ads. They were also sold online through Amazon, Walmart and eBay.

Connors was a repeat offender. He settled similar charges about Smoke Away in 2005. The proposed settlement in this case includes a $7.1 million judgment, a $500,000 civil penalty, and a lifetime ban on marketing addiction-related products or services.

The FTC and BBB offer these tips for protecting yourself from bogus health care products:

• Be skeptical of miracle health claims.
• Understand that the FDA does not review and approve dietary supplements before they’re marketed.
• Consult your doctor or health care professional before trying any product that claims to prevent, treat, or cure an addiction or serious disease.
• Don’t assume a product is legitimate because it’s sold by well-known retailers, in stores or online.

Randy Hutchinson is president & CEO Better Business Bureau of the Mid-South. This column is in partnership with Better Business Bureau of Middle Tennessee & Southern Kentucky.