Question
I need help.. this is the situation and the question are at the bottom-- QT, Inc., and others marketed the Q-Ray Ionized Bracelet, claiming that
I need help.. this is the situation and the question are at the bottom-- QT, Inc., and others marketed the Q-Ray Ionized Bracelet, claiming that it offered immediate, significant, or complete pain relief and could cure chronic pain.A federal district court labeled the claims fraudulent, forbid further promoting of the bracelet, and ordered QT to pay $16 million, plus interest, into a fund to be distributed to QT's customers.QT appealed.
The U.S. Court of Appeals for the Seventh Circuit affirmed. "Proof is what separates an effect new to science from a swindle.Defendants themselves told customers that the bracelet's efficacy had been 'test-proven'; *** but defendants have no proof of the Q-Ray Ionized Bracelet's efficacy.The 'tests' on which they relied were bunk.*** What remain are testimonials, which are not a form of proof."
Aren't such claims as those at the center of this case so transparent that there is no need for a government agency or court to intervene?
Most people have seen infomercials. Does the fact that QT, Inc., used infomercials to make fraudulent promotional claims mean that all products "pitched" on television are suspect? Why or why not?
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