FDA, FTC send SilveryGuy a warning letter for COVID claims as part of Amazon Associates program

Photo © iStockphoto.com/zentilia

The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have issued SilveryGuy a warning letter, after reviewed the SilveryGuy website and Facebook page in August 2020, and finding claims that imply the product can mitigate, prevent, treat, diagnose, or cure COVID-19 in people. The company is a participant in the Amazon Associates program, which means it earns commissions by promoting the sale of the Colloidal Silver. 

The letter states, “these claims cause the Amazon associate product purchased through a link on your website to be an unapproved new drug under section 505(a) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. § 355(a).

“Furthermore, this product is a misbranded drug under section 502 of the FD&C Act, 21 U.S.C. § 352. Causing the introduction or delivery for introduction of these products into interstate commerce is prohibited under sections 301(a) and (d) of the FD&C Act, 21 U.S.C. § 331(a) and (d). In addition, it is a prohibited act under section 301(k) of the FD&C Act, 21 U.S.C. § 331(k), to do any act with respect to a drug, if such act is done while the drug is held for sale after shipment in interstate commerce and results in the drug being misbranded.”

The letter adds, “It is unlawful under the FTC Act, 15 U.S.C. 41 et seq., to advertise that a product can prevent, treat, or cure human disease unless you possess competent and reliable scientific evidence, including, when appropriate, well-controlled human clinical studies, substantiating that the claims are true at the time they are made.”

The company was urged to take immediate action to correct the violation cited in the letter within 48 hours or reciept. Read the full warning letter here.