Controversy
On April 19, 2004, Barrett in his capacity as President of ITV Direct, Inc./Direct Marketing Concepts, Inc. received a Warning Letter from the Food and Drug Administration notifying him that the product Supreme Greens was being marketed as an unlicensed drug with false or misleading claims. The letter requested that ITV Direct correct the deceptive practices.
In June 2004, the FTC filed a lawsuit in the United States District Court for the District of Massachusetts alleging that Direct Marketing Concepts, Inc., ITV Direct, Inc., and their president, Donald W. Barrett had deceptively marketed Supreme Greens and Coral Calcium Daily by claiming that it could prevent, treat, and cure cancer, heart disease, arthritis, and diabetes. They also claimed it caused substantial weight loss, and was safe for use by pregnant women, children – including those as young as one year old, and persons taking any form of medication. In July 2004, ITV Direct was enjoined from marketing Supreme Greens.
On October 5, 2007, the FTC sued ITV Direct, Inc. and Donald Barrett for misrepresenting Kevin Trudeau's "Weight-Loss Cure" book in the infomercial they produced to market it. In response to the FTC's suit, ITV Direct sued the FTC for alleged harassment and violation of free speech rights. Subsequently, on November 19, 2007, in a separate FTC action, Trudeau was found in contempt of a 2004 court order for making "patently false" claims in the weight loss book.
On July 19, 2008, a federal judge ruled that two infomercials produced by Beverly-based ITV Direct for "Coral Calcium" and "Supreme Greens" were deceptive and that the firm's owners are liable for restitution being sought by the Federal Trade Commission, which is seeking nearly $55 million. The judge also dismissed a countersuit filed by Donald Barrett, ITV's president, who claimed the FTC was violating his First Amendment rights by taking him to court to force him to pull the ads.
On May 2, 2011, Barrett pleaded guilty to failing to report income and to selling a product touted as a disease preventative without approval from the FDA. He is scheduled to be sentenced on July 27, 2011. On September 29, 2011, Barrett was sentenced to one year of probation, including three months in a community correction center and another three months of house arrest.
Read more about this topic: Donald Barrett
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