Complaint to TGA: Detox Foot Patches / Pads · (Happy Feet Detox Foot Patches, Byron Bay Detox Foot...

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Complaint to TGA: Detox Foot Patches / Pads Page 1 of 18 Background There have been at least 33 complaints upheld by the CRP about detox foot (patches) including two referrals to the Secretary (2010-10-016) and (2017/09/010). I can find no outcome on the TGA web site for the latter. However, the former resulted in a “Regulation 9 order” against Happy Feet Detox Foot Patches. The delegate of the Secretary ordered the sponsor (Health Essentials Australia Pty Ltd): “to withdraw any representations that the advertised product can detoxify the body, remove or "draw out" toxins from the body, help the body function more effectively, or offer therapeutic benefits in relation to stress, excessive alcohol intake, nicotine consumption, poor diet, environmental contaminants, pollutants or harmful chemicals.” Since 2015, the CRP has forwarded an additional 22 complaints about detox foot (pads), patches to the TGA on the grounds that they would better dealt with regulatory action rather than repeatedly upholding complaints with determinations that had no effect. The TGA appears to have taken no action about these referrals. Detox food patches are a scam. 1 They do not "detox" the body or remove toxins, chemicals and metals ingested from processed foods, pesticides, meat hormones, artificial additives, preservatives and prescription drugs (Byron Bay Detox Foot Patches). They do not produce weight loss, increase energy, improve circulation or relieve stress (Kinoki Detox Foot Pads). The photos purporting to show the removal of toxins by foot pads changing color after use occurs from the addition of moisture, not toxins (Happy Feet Detox Foot Patches, Byron Bay Detox Foot Patches, Kinoki Detox Foot Pads Clover Beauty Detox Foot Patches). In the U.S., at the request of the Federal Trade Commission, in 2010 a federal judge banned marketers of Kinoki “Detox” Foot Pads from selling these products and the defendants agreed to a penalty of $14.5 million, which represented the total revenues from the sale of Kinoki Foot Pads. The judgment was stayed because of the defendants’ alleged inability to pay. 2 In Australia, the CRP has upheld 5 complaints about Kinoki Detox Foot Pads. They subsequently sent another 5 to the TGA on the grounds these continuing complaints were better dealt with by regulatory action. The TGA have taken no action about Kinoki Detox Foot Pads or similar products. This is yet another example of regulatory failure, laziness or ineptitude by the TGA. I presume the TGA will excuse its inaction by claiming it has more important priorities and these are low-risk products. However, the message sent to complainants is that the TGA has no interest in protecting consumers from scams involving deceptive and misleading claims, nor in taking seriously well formulated complaints, CRP referrals or following up Regulation 9 orders. The message sent to sponsors is that they can get away with repeated breaches of the Therapeutic Goods Advertising Code2017 and the Therapeutic Goods Act 1989 (as many of the products documented below are not on the ARTG). Complaint priority and date Given the failure of the TGA to act on this long running scam, I submit this complaint (dated 21 August 2018) must now be accorded critical priority so that prompt regulatory action can be taken about the products documented below. I allege that the claims (arrowed below), including the product name, breach the Therapeutic Goods Advertising Code 2017 for the reasons given in previous CRP determinations and the Regulation 9 order. 1 https://sciencebasedlife.wordpress.com/2011/01/31/detox-foot-pad-bogus/ 2 https://www.ftc.gov/news-events/press-releases/2010/11/ftcs-request-judge-imposes-ban-marketers-detox- foot-pads

Transcript of Complaint to TGA: Detox Foot Patches / Pads · (Happy Feet Detox Foot Patches, Byron Bay Detox Foot...

Page 1: Complaint to TGA: Detox Foot Patches / Pads · (Happy Feet Detox Foot Patches, Byron Bay Detox Foot Patches, Kinoki Detox Foot Pads Clover Beauty Detox Foot Patches). In the U.S.,

Complaint to TGA: Detox Foot Patches / Pads

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Background

There have been at least 33 complaints upheld by the CRP about detox foot (patches) including two referrals to the Secretary (2010-10-016) and (2017/09/010). I can find no outcome on the TGA web site for the latter. However, the former resulted in a “Regulation 9 order” against Happy Feet Detox Foot Patches. The delegate of the Secretary ordered the sponsor (Health Essentials Australia Pty Ltd):

“to withdraw any representations that the advertised product can detoxify the body, remove or "draw out" toxins from the body, help the body function more effectively, or offer therapeutic benefits in relation to stress, excessive alcohol intake, nicotine consumption, poor diet, environmental contaminants, pollutants or harmful chemicals.”

Since 2015, the CRP has forwarded an additional 22 complaints about detox foot (pads), patches to the TGA on the grounds that they would better dealt with regulatory action rather than repeatedly upholding complaints with determinations that had no effect. The TGA appears to have taken no action about these referrals.

Detox food patches are a scam.1 They do not "detox" the body or remove toxins, chemicals and metals ingested from processed foods, pesticides, meat hormones, artificial additives, preservatives and prescription drugs (Byron Bay Detox Foot Patches). They do not produce weight loss, increase energy, improve circulation or relieve stress (Kinoki Detox Foot Pads). The photos purporting to show the removal of toxins by foot pads changing color after use occurs from the addition of moisture, not toxins (Happy Feet Detox Foot Patches, Byron Bay Detox Foot Patches, Kinoki Detox Foot Pads Clover Beauty Detox Foot Patches).

In the U.S., at the request of the Federal Trade Commission, in 2010 a federal judge banned marketers of Kinoki “Detox” Foot Pads from selling these products and the defendants agreed to a penalty of $14.5 million, which represented the total revenues from the sale of Kinoki Foot Pads. The judgment was stayed because of the defendants’ alleged inability to pay.2

In Australia, the CRP has upheld 5 complaints about Kinoki Detox Foot Pads. They subsequently sent another 5 to the TGA on the grounds these continuing complaints were better dealt with by regulatory action. The TGA have taken no action about Kinoki Detox Foot Pads or similar products.

This is yet another example of regulatory failure, laziness or ineptitude by the TGA. I presume the TGA will excuse its inaction by claiming it has more important priorities and these are low-risk products.

However, the message sent to complainants is that the TGA has no interest in protecting consumers from scams involving deceptive and misleading claims, nor in taking seriously well formulated complaints, CRP referrals or following up Regulation 9 orders.

The message sent to sponsors is that they can get away with repeated breaches of the Therapeutic Goods Advertising Code2017 and the Therapeutic Goods Act 1989 (as many of the products documented below are not on the ARTG).

Complaint priority and date

Given the failure of the TGA to act on this long running scam, I submit this complaint (dated 21 August 2018) must now be accorded critical priority so that prompt regulatory action can be taken about the products documented below.

I allege that the claims (arrowed below), including the product name, breach the Therapeutic Goods Advertising Code 2017 for the reasons given in previous CRP determinations and the Regulation 9 order.

1 https://sciencebasedlife.wordpress.com/2011/01/31/detox-foot-pad-bogus/ 2 https://www.ftc.gov/news-events/press-releases/2010/11/ftcs-request-judge-imposes-ban-marketers-detox-foot-pads

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1. Happy Feet Detox Foot Patches: https://www.happynaturaltherapies.com.au/shop/happy-feet-foot-patches-box-40-20-pairs/

ARTG 148412 Rebark Trading Pty Ltd – Absorbent; Intended purpose: to absorb (to draw into itself) undesired toxins from the body

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2. Byron Bay Detox Foot Patches: http://www.byronbaydetox.com.au/online-store/detox-foot-pads & https://www.sproutmarket.com.au/foot-patches-contains-7-pairs-14-patches-byron-bay-detox.html & https://www.aroma.com.au/byron-bay-detox-foot-patches-1-pair.html

ARTG: 214132 Tevski Holdings Pty Ltd - Skin detoxifier; Intended purpose: A device designed to absorb (to draw into itself) another product that usually is not desired and needs to be removed.

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3. Kinoki Detox Foot Pads: https://www.gumtree.com.au/s-ad/marrickville/other-sports-fitness/detox-weight-loss-foot-patches/1181896133 & https://healthbuddie.com.au/kinoki-detox-foot-pads-patches-01-copy/

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4. Mudoku Detox Foot Patches: https://www.magnamail.com.au/product/mudoku-detox-foot-patches.html & https://www.catch.com.au/product/2-x-mudoku-detox-foot-pads-14pk-404537/ & http://solutions.innovations.com.au/p/health-beauty/foot-care/mudoku-detox-foot-pads & https://www.aidsfordailyliving.com.au/product/detox-foot-pads.html

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5. Jun Gong Foot Patch: https://www.gumtree.com.au/s-ad/rocklea/miscellaneous-goods/detox-foot-patches-body-detox-system/1134876487

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6. Natural Plant Quintessence Foot Patch: https://www.gumtree.com.au/s-ad/brunswick/other-sports-fitness/10-pc-foot-patch-natural-plant-quintessence-toxin-removal-bran/1106054469

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7. Aussie Detox Foot Pads: https://detoxfootpads.net.au/

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8. Luvin Life Detox Foot Patches: https://www.luvinlife.com.au/detox-foot-patches

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9. Footsies Foot Patches: https://www.chemistdirect.com.au/footsies-foot-patches-xtra-x-20 &

https://www.naturalhealthorganics.com.au/footsies-detox-foot-patches-tranquility-20pk.html

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10. BodyPure+ Detox Foot Pads: https://www.biovea.com/au/product_detail.aspx?NAME=DETOX-FOOT-PADS-10-Pack&PID=2081

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11. Clover Beauty Detox Foot Patches: https://www.cloverbeauty.com.au/product/detox-foot-patches/

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12. Natural Care Foot Patches: https://www.ausnaturalcare.com.au/natural-care-foot-patches-10-per-box

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13. Detox Australia, Gold, Green and Lavender Detox Foot Patches: http://grenera.com.au/product/combo-50-detox-foot-pads-green-and-50-detox-foot-pads-gold-best-seller/

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14. Hemp Products Australia Green Detox Patches: https://www.hempproductsaustralia.net.au/product/200-x-green-detox-patches/

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15. Waiva Clark Distributing Cleansing Detox Foot Pads: http://www.waivaclark.com.au/foot-patches-cleansing-detox-foot-pads-10-patches

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16. Kinotakara detox foot patch: http://www.klinkaustralia.com.au/our-products-catalogue/kinotakara-detox-foot

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17. Yosoo Foot Patch Detoxify Toxins: https://www.fishpond.com.au/Health/Yosoo-Foot-Patch-Detoxify-Toxins-Adhesive-Keeping-Fit-Health-Care-Cleansing-Cleanse-Detoxify-Toxins-Detoxification-Detox-Foot-Pads-Remove-Body-Toxins-Weight-Loss-Stress/9999556586608

18. Etc.

Complaint submitted by:

Dr Ken Harvey MBBS, FRCPA, AM

Associate Professor Department of Epidemiology and Preventive Medicine

School of Public Health and Preventive Medicine

Monash University Alfred Campus 553 St Kilda Rd Melbourne VIC 3004 Mobile: +61 419181910 Email: [email protected] WWW: www.medreach.com.au 21 August 2018

Acknowledgment

This complaint was stimulated by Mal Vickers ([email protected]) who noted the large number of complaints upheld about these products by the CRP and more recently, numerous referrals by the CRP to the TGA for which no action has been taken.