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'''Kevin Mark Trudeau''' (born February 6, 1963) is an American author, [[radio personality]], and [[infomercial]] salesman who promotes various health, diet and financial remedies. His claims have been challenged by many experts and he has been sued by the Federal Trade Commission for allegedly engaging in deceptive practices. On Nov. 29, 2011, the [[Seventh Circuit Court of Appeals]] upheld a $37.6 million fine for violating his 2004 settlement with the Federal Trade Commission concerning alleged misleading statements in his book '[[The Weight-Loss Cure "They" Don't Want You to Know About]]. Several of his books, including ''[[Natural Cures "They" Don't Want You to Know About]]'', allege that both the [[Food and Drug Administration|U.S. Food and Drug Administration]] and the pharmaceutical industry value profit more highly than treatments or cures.
'''Kevin Mark Trudeau''' (born February 6, 1963) is an American author, [[radio personality]], and [[infomercial]] salesman who promotes various health, diet and financial remedies. His claims have been challenged by many experts and he has been sued by the Federal Trade Commission for allegedly engaging in deceptive practices. On Nov. 29, 2011, the [[Seventh Circuit Court of Appeals]] upheld a $37.6 million fine levied against for violating his 2004 settlement with the Federal Trade Commission concerning alleged misleading statements in his book '[[The Weight-Loss Cure "They" Don't Want You to Know About]].<ref name="wisconsinbar">{{cite web|last=Forward|first=Joe|title=Infomercial guru must reimburse $37.6 million for misleading consumers|url=http://www.wisbar.org/AM/Template.cfm?Section=News&Template=/CM/ContentDisplay.cfm&ContentID=107216|publisher=State Bar of Wisconsin|accessdate=5 December 2011|date=Nov. 30, 2011}}</ref><ref name=reuters1>{{cite news|last=Baynes|first=Terry|title=TV pitchman Trudeau loses appeal of $37.6 million fine|url=http://www.reuters.com/article/2011/11/29/us-trudeau-pitchman-idUSTRE7AS2P720111129|accessdate=5 December 2011|newspaper=Reuters|date=Nov 29, 2011|author2=Jonathan Stempel}}</ref> Several of his books, including ''[[Natural Cures "They" Don't Want You to Know About]]'', allege that both the [[Food and Drug Administration|U.S. Food and Drug Administration]] and the pharmaceutical industry value profit more highly than treatments or cures.


Trudeau's activities have been the subject of both criminal and civil action. He was convicted of [[larceny]] and [[credit card fraud]] in the early 1990s, and in 1998 paid a $500,000 fine for making false or misleading claims in his infomercials. In 2004, he consented to a lifetime ban on promoting products other than his books via infomercials. <ref name="FTC-2008-10">http://www.ftc.gov/opa/2008/10/trudeau.shtm {{Clarify|date=November 2011|reason=This is not a proper reference citation. Use [[Template:Cite web]] or similar to provide source details.}}</ref>
Trudeau's activities have been the subject of both criminal and civil action. He was convicted of [[larceny]] and [[credit card fraud]] in the early 1990s, and in 1998 paid a $500,000 fine for making false or misleading claims in his infomercials. In 2004, he consented to a lifetime ban on promoting products other than his books via infomercials. <ref name="FTC-2008-10">http://www.ftc.gov/opa/2008/10/trudeau.shtm {{Clarify|date=November 2011|reason=This is not a proper reference citation. Use [[Template:Cite web]] or similar to provide source details.}}</ref> He must also $2 million do bond before engaging in future infomercial advertising.<ref name="wisconsinbar">


In 2005, he founded the [[International Pool Tour]].
In 2005, he founded the [[International Pool Tour]].

Revision as of 18:09, 5 April 2012

Kevin Mark Trudeau
Trudeau in 2005
Trudeau in 2005
Born (1963-02-06) February 6, 1963 (age 61)
Lynn, Massachusetts, USA
OccupationAuthor
Known forPromoting alternative medicine;
criminal convictions for fraud and larceny;
regulatory settlements with the FTC and 8 state Attorneys-General for false claims and misleading representations;
founding the International Pool Tour
WebsiteKTRadionetwork.com

Kevin Mark Trudeau (born February 6, 1963) is an American author, radio personality, and infomercial salesman who promotes various health, diet and financial remedies. His claims have been challenged by many experts and he has been sued by the Federal Trade Commission for allegedly engaging in deceptive practices. On Nov. 29, 2011, the Seventh Circuit Court of Appeals upheld a $37.6 million fine levied against for violating his 2004 settlement with the Federal Trade Commission concerning alleged misleading statements in his book 'The Weight-Loss Cure "They" Don't Want You to Know About.[1][2] Several of his books, including Natural Cures "They" Don't Want You to Know About, allege that both the U.S. Food and Drug Administration and the pharmaceutical industry value profit more highly than treatments or cures.

Trudeau's activities have been the subject of both criminal and civil action. He was convicted of larceny and credit card fraud in the early 1990s, and in 1998 paid a $500,000 fine for making false or misleading claims in his infomercials. In 2004, he consented to a lifetime ban on promoting products other than his books via infomercials. [3] He must also $2 million do bond before engaging in future infomercial advertising.Cite error: A <ref> tag is missing the closing </ref> (see the help page). He attended St. Mary's High School in Lynn, where he was voted "Most Likely to Succeed" by the class of 1981.[4]

Career

After being incarcerated for fraud in the early 1990s,[5] Trudeau joined a multi-level marketing firm, Nutrition for Life. The firm met with success until the Attorney General of Illinois charged that it was running a pyramid scheme. Trudeau and Nutrition for Life settled cases brought by the state of Illinois, and seven other U.S. states, for US$185,000.[5][6][7][8][clarification needed]

Next, Trudeau produced and appeared in late-night television infomercial broadcasts throughout North America. They promoted a range of products, including health aids, dietary supplements (such as coral calcium), baldness remedies, addiction treatments, memory-improvement courses, reading-improvement programs, and real estate investment strategies. The U.S. Federal Trade Commission took regulatory action against Trudeau, alleging that his broadcasts contained unsubstantiated claims and misrepresentations. In 1998, he was fined. In 2004, he settled a contempt-of-court action arising out of the same cases by agreeing to a settlement that included both payment of a $2 million fine and a ban on further use of infomercials to promote any product other than publications protected by U.S. Constitution's First Amendment.[9][10]

Trudeau began writing books and promoting them with infomercials. One was Natural Cures "They" Don't Want You to Know About, published in 2005. The book was criticized for containing no natural cures.[11][12] Trudeau said he was not able to include them because of threats by the FTC,[13] then released an updated version of the original book.[13]

Next, he published More Natural Cures Revealed: Previously Censored Brand Name Products That Cure Disease (ISBN 0-9755995-4-2). According to Trudeau, the book contains the names of actual brand name products that will cure myriad illnesses. Trudeau's books claim that animals in the wild rarely develop degenerative conditions like cancer or Alzheimer's disease and that many diseases are caused, not by viruses or bacteria, but rather by an imbalance in vital energy. Science writer Christopher Wanjek critiqued and rejected many of these claims in his July 25, 2006, LiveScience.com health column.[13]

Trudeau went on to publish The Weight-Loss Cure "They" Don't Want You to Know About and Debt Cures "They" Don't Want You to Know About. His writing has been commercially successful. In September 2005, Natural Cures was listed in the New York Times as the number-one-selling nonfiction book in the United States for 25 weeks. It has sold more than five million copies.

Trudeau launched a self-titled Internet radio talk show in February 2009. It also airs on several small radio stations consisting of mostly brokered programming.

Publications

Natural Cures “They” Don’t Want You to Know About

Main article: Natural Cures "They" Don't Want You to Know About

In 2004, Trudeau self-published Natural Cures "They" Don't Want You to Know About, that claimed there were "all-natural" cures for a variety of diseases and recommends various forms of alternative medicine, also claiming that these cures are suppressed by a conspiracy of government and industry. Among his claims there are that sunscreen, not ultraviolet radiation, causes cancer, that antiperspirants and deodorants contain toxic levels of aluminum, that AIDS is a hoax, and that chemotherapy is more dangerous than cancer.[14]

The consumer protection website Quackwatch analyzed a transcript of the infomercial used to sell the book and concluded that its claims were fraudulent and misleading.[15] At least one claim in the book is disputed by its alleged source: The book refers to research into a "natural cure" for diabetes conducted at the University of Calgary. A public statement issued by the university explicitly contradicts this, saying that "there have been no human studies conducted at the University of Calgary in the past 20 years on herbal remedies for diabetes."[14] Author Rose Shapiro wrote about the book "Now readers queuing up to complain on Amazon feedback sites about the lack of any cures in his book, saying it's just an extended advert for Trudeau's subscription-only website, 'your alternative to drugs and surgery' (lifetime membership $499).[12]

In 2005, the New York State Consumer Protection Board issued a warning that the book contains no actual cures, merely "page after page after page of pure speculation."[11] The board also warned of consumer complaints that the book is merely an advertisement for Trudeau's website and $71/month newsletter. The book also features a dustcover endorsement from former FDA commissioner Herbert Ley, who had died several years before the book was published. A spokesperson for the board stated that "[t]he hypocrisy surrounding this book and its advertisements is galling because people with real illnesses are being misled... This book and its marketing machine are a cynical attempt by Mr. Trudeau to cash in on his legal troubles with the federal government."[11] Another posting by the board stated that Trudeau was selling the information provided by those who ordered the book to junk mailers, telemarketers, and other direct marketers. Customers have also reported being charged the $71 per month for Trudeau's newsletter without actually having signed up for it, and reported problems with refunds. They report only being able to request a refund by long-distance toll call, in contrast to the toll-free line they could use to purchase Trudeau's product.[16]

More Natural “Cures” Revealed

In May 2006, Trudeau self-published More Natural "Cures" Revealed: Previously Censored Brand Name Products That Cure Disease. This book responds to complaints that its earlier version did not actually contain any cures and points consumers to Trudeau's subscription-only website. In More Natural "Cures" Revealed, Trudeau writes that workers at the FDA and FTC want to censor him and, figuratively, burn his books. One review described it as "a fascinating cross between a health book, fictitious novel, and a paranoid, hate-filled rant along the lines of 'Mein Kampf.'"[13]

The Weight Loss Cure “They” Don't Want You to Know About

Main article: The Weight-Loss Cure "They" Don't Want You to Know About

In April 2007, Trudeau released The Weight Loss Cure "They" Don't Want You to Know About. The book describes a weight loss plan originally made by British endocrinologist ATW Simeons in the 1950s involving injections of human chorionic gonadotropin. The diet was criticized in 1962 by the Journal of the American Medical Association as hazardous to human health and a waste of money.[17] In 1976, the FTC ordered clinics and promoters of the Simeons Diet and hCG to inform prospective patients that there had not been "substantial evidence" to conclude hCG offered any benefit above that achieved on a restricted calorie diet. Clinical research trials published by the Journal of the American Medical Association and the American Journal of Clinical Nutrition[18] have shown that hCG is ineffective as a weight-loss aid, citing "no statistically significant difference in the means of the two groups" and that hCG "does not appear to enhance the effectiveness of a rigidly imposed regimen for weight reduction."

The FTC has filed a contempt-of-court action against Trudeau alleging that the alleged misrepresentations in the book violate a 2004 consent order.[19][20]

Debt Cures “They” Don't Want You to Know About

Debt Cures was published in 2007 and has been marketed on television. Chuck Jaffee, a columnist at CBS MarketWatch, stated: "Truth be told, most of the information [in the book] is readily available in personal finance columns you can find online or in books that are readily available in your local library." Trudeau says that if readers disagree with items on their credit reports, they can dispute them as identity theft, identified as the "magic cure" in the book.[21]

The Money-Making Secrets “They” Don't Want You to Know About

Published in 2009, the book says it gives tools on how to use the Law of Attraction to manifest readers' desires. The book also says it contains key links to using the Law of Attraction that are missing in other publications. Among the claims made in the book's infomercial is Trudeau's assertion to have virtually flunked out of high school.[22] He also says he was "taken in" by a mysterious group called "The Brotherhood" that taught him the secrets that he is now widely announcing in his book. There is also an invitation at the conclusion of the series to join a "Global Information Network," claimed to be an exclusive group of "highly influential, affluent, and freedom-orientated people from various business, social and economic sectors" who offer advice to its members.[23] The group operates out of the country of Nevis and employs the Law of Attraction as its principal wealth generator, a concept regarded by most in the scientific community as at-best pseudoscience.[24][25]

Free Money “They” Don't Want You to Know About

Published in 2009, the book says it can show you how to receive "free" money from hundreds of sources, ie: Government Grants, Unclaimed Money that belongs to you from the government or your local state (common information that can be found by searching online). Claims how some people "made" millions of dollars this way.

Your Wish Is Your Command

The Your Wish Is Your Command series (2010) claims to be an audio recording of a private two-day lecture which takes place at an undisclosed location in the Swiss Alps. The CD set (14 CD's) claims to offer a "hidden key" to take complete control of one's life and learn how to manifest one's every personal and financial wishes. Trudeau claims the knowledge unveiled here will "program your brain to be a transmitter pulling into your life every desire you have."

Media interviews

Trudeau has been interviewed by CNN's Paula Zahn,[26] Matt Lauer of NBC's Today Show, and Harry Smith of CBS's The Early Show.[27] Trudeau was also the subject of investigative reports done by Inside Edition,[28] ABC's 20/20[29] and Dateline NBC.[30] The 20/20 segment highlighted a Nightline interview with Jake Tapper in which Trudeau misrepresented the money he was forced to pay to the government, the charges filed against him and the reason the government did not follow-through with charges, and claiming ignorance when the claims made in his book were called false by Tapper.[29]

During interviews, Trudeau has often said that the television program in which he is being interviewed is owned by the drug companies. In some cases Trudeau has told his supporters, via his newsletters, that he has been attacked on a particular program or by a particular interviewer.

Infomercials

Trudeau was a prolific producer of infomercials. He capitulated to an FTC ban applying to everything except publications that the FTC concluded would infringe upon his First Amendment rights. All of his recent infomercials advertise his books Natural Cures "They" Don't Want You To Know About and The Weight Loss Cure. Notable co-hosts have included Leigh Valentine (former wife of televangelist Robert Tilton)[31][32][33] and the late Tammy Faye Messner (the former Tammy Faye Bakker).

Pharmaceutical companies

Trudeau says that pharmaceutical companies "don't want us to get well" because curing disease is not nearly as profitable as treating it in perpetuity. According to Trudeau, the corporate profit motive overrides the human desire to truly help people.

Trudeau says that natural treatments cannot be patented and are not profitable enough to justify spending hundreds of millions of dollars in testing, so they will always lack FDA approval. Trudeau uses herpes as an example, saying that people with herpes must buy an expensive drug for the rest of their lives. He says that if there were a cheap, easy cure for herpes, the FDA and pharmaceutical companies would not want the population to know about it because corporate profits would suffer.

He cites the number of advertisements on television for prescription drugs and points out that prescription drugs should be advertised to doctors, not to the general public.

He states in one infomercial that there are twelve known cures for cancer but that they are being kept from the general public by the FDA, the FTC, and the pharmaceutical companies. He also says that the FDA and the FTC are two of the most corrupt organizations in America and that there is a long list of chemical ingredients that are secretly not required to be on the FDA ingredients label that are damaging to human health.

Trudeau offers a conspiracy theory, saying that the drug industry and the FDA work with each other to effectively deceive the public by banning all-natural cures in order to protect the profits of the drug industry. Trudeau says that FDA commissioners who leave the FDA to work for large drug companies are paid millions of dollars. In any other industry, according to Trudeau, this would be called "bribery," a "conflict of interest" or "payoffs." Trudeau also says in his infomercials that the food industry includes chemicals (such as MSG and aspartame) to get people "addicted to food" and to "make people obese."[34]

Trudeau has also declared that he will lead a crusade against the FDA and the FTC and will make an effort to sue companies who promote false claims in advertising, such as leading pharmaceutical companies.

References to scientific studies

One of the major complaints about Trudeau's infomercials is that he makes only vague references to scientific studies, making them impossible to cross-check for accuracy. The same criticism exists for the anecdotal evidence he presents in the infomercials.[35] He does not mention names of people who have been cured by his methods. For example, he tells a story in an infomercial about "a friend from England" who came to his house and complained of heartburn. He also references a study done on the antidepressant qualities of St. John's Wort compared to two prescription medications. He claims that the media reported St. John's Wort was "proven ineffective in study".

The infomercials suggest that referencing studies to substantiate claims will be addressed further in the book, but this is not the case. Readers of his book are often referred to his fee-based subscription website to find Trudeau's suggested natural cures.[clarification needed]

Newspaper articles

A pair of 2005 Associated Press articles by Candice Choi on the infomercials elaborated on the success and problems of the programs.[36] Choi says that by repeatedly mentioning government sanctions against him, Trudeau "anticipated any backlash with his cuckoo conspiracy theory" and can partially deflect any criticism of him or his infomercials. Trudeau's use of the word "cure" is an issue for regulators. Also, bookstores are polled on their decisions to sell or not sell a successful and controversial self-published book.

Additional marketing ventures

Audio tapes: “Mega Memory”

Trudeau says he adapted techniques used to improve the memory of the blind and the mentally challenged to create Advanced Mega Memory and Mega Memory audio tapes. His promotion of memory-enhancing products was stopped by the intervention of the Federal Trade Commission which alleged that the claims made by Trudeau were false and programs involved would not enable users to achieve a "photographic memory," as the advertising claimed.[37]

Trudeau used research that Dr. Michael Van Masters did with the State School for the Blind In Muskogee Oklahoma in 1975 as the basis of where he did research. Kevin was working at a Buick dealership in Lynn, Massachusetts in 1982 when Van Masters hired and trained him in memory. [citation needed]

Non-surgical face lift

In addition to Natural Cures, Trudeau also hosted an infomercial that features the "Perfect Lift" non-surgical face lift. In the United Kingdom, this infomercial was found to violate the ITC advertising rules.[38]

In 2008, Trudeau began airing another infomercial, for a product called Firmalift, with Leigh Valentine.

Trudeau partners with Donald Barrett and ITV Direct

On September 11, 2006, Donald Barrett and ITV Direct, a direct marketing company based in Beverly, Massachusetts, announced that they had partnered with Trudeau to market both of his Natural Cures books.[39] Trudeau also worked with ITV to create ITV Ventures, a new MLM group based out of ITV's home office.[40] As of December 2006, ITV Direct has pulled all information concerning both this partnership and Trudeau's books from its corporate website; however, the infomercials have continued to run as of April 14, 2008.

International Pool Tour

IPT Starship Stage for TV rounds and finals at North American Championship held in Las Vegas, Nevada, July 2006
Main article: International Pool Tour

Trudeau founded the International Pool Tour (IPT), with some of the largest purses and prizes given out in billiards.[41] The IPT was unable to pay prize money from a 2006 tournament in Reno, Nevada, which The New York Times reported had a crushing effect on the pool community as a whole.[42]

In connection with his promotional activities he has had a felony conviction and has been an unsuccessful defendant in several Federal Trade Commission (FTC) lawsuits.[43][44][45][46][47] Trudeau has been charged several times by agencies of the United States government for making claims without evidence. In these cases Trudeau signed a consent decree in which he did not plead guilty but did agree to stop making the claims and to pay a fine. Trudeau subsequently began to sell books, which are protected by the First Amendment.[29]

Trudeau was convicted of fraud and larceny in the early 1990s.[48] The FTC has sued him repeatedly and keeps an extensive record of its conflicts with him.[49] A court order currently restricts his ability to promote and sell any product or service; however, he is permitted to promote books and other publications due to free-speech protection under the First Amendment as long as they are not used to promote or sell products or services and do not contain misrepresentations.[9][10] On November 19, 2007, a court found Trudeau in contempt of that court order for making deceptive claims about his book The Weight Loss Cure "They" Don't Want You to Know About.[50][51] In August 2008, he was fined more than $5 million[52] and banned from infomercials for three years for continuing to make fraudulent claims pertaining to the book. The amount of the monetary damages was later increased to $37 million.[53]

1990-1991: Larceny and credit card fraud

In 1990, Trudeau posed as a doctor in order to deposit $80,000 in false checks, and in 1991 he pleaded guilty to larceny. That same year, Trudeau faced federal charges of credit card fraud after he stole the names and Social Security numbers[4] of eleven customers of a mega memory product and charged approximately $122,735.68 on their credit cards.[54] He spent two years in federal prison because of this conviction.[36] Later, in an interview, he explained his crimes as:

"... youthful indiscretions and not as bad as they sound, and besides, both were partly the fault of other people, and besides, he has changed. The larceny he explains as a series of math errors compounded by the 'mistake' of a bank official. As for why the bank thought he was a doctor, that was just a simple misunderstanding, because he jokingly referred to himself as a 'doctor in memory'. He still can't quite believe he was prosecuted for the larceny charges. 'Give me a break,' he says."[5]

1996: SEC and various states

Trudeau began working for Nutrition For Life, a multi-level marketing program, in the mid-1990s. In 1996, his recruitment practices were cited by the states of Illinois and Michigan, as well as the U.S. Securities and Exchange Commission. Illinois sued Trudeau and Jules Leib, his partner, accusing them of operating an illegal pyramid scheme. They settled with Illinois and seven other states for $185,000 after agreeing to change their tactics. Michigan forbade him from operating in the state.[5][6][7][8] A class action lawsuit was filed by stockholders of Nutrition for Life for violations of Texas law, including misrepresenting and/or omitting material information about Nutrition for Life International, Inc.'s business. In August 1997, the company paid $2 million in cash to common stockholders and holders of warrants during the class period to settle the case. The company also paid the plaintiffs' attorney fees of $600,000.[55]

1998: FTC fine

In 1998, Trudeau was fined $500,000, the funds to be used for consumer redress by the FTC, relating to six infomercials he had produced and in which the FTC determined he had made false or misleading claims. These infomercials included "Hair Farming," "Mega Memory System," "Addiction Breaking System," "Action Reading," "Eden's Secret," and "Mega Reading."[37][56] The products included a "hair farming system" that was supposed to "finally end baldness in the human race," and "a breakthrough that in 60 seconds can eliminate" addictions, discovered when a certain "Dr. Callahan" was "studying quantum physics."[5][57]

2004: FTC contempt of court and injunction

In June 2003, the FTC filed a complaint in the U.S. District Court for the Northern District of Illinois against Trudeau and some of his companies (Shop America (USA), LLC; Shop America Marketing Group, LLC; and Trustar Global Media, Limited), alleging that disease-related claims for Coral Calcium Supreme were false and unsubstantiated. In July 2003, Trudeau entered into a stipulated preliminary injunction that prohibited him from continuing to make the challenged claims for Coral Calcium Supreme and Biotape.

In the summer of 2004, the court found Trudeau in contempt of court for violating the preliminary injunction, because he had sent out a direct mail piece and produced an infomercial making prohibited claims. The court ordered Trudeau to cease all marketing for coral calcium products.

In September 2004, Trudeau agreed to pay $2 million ($500,000 in cash plus transfer of residential property located in Ojai, California, and a luxury vehicle) to settle charges that he falsely claimed that a coral calcium product can cure cancer and other serious diseases and that a purported analgesic called Biotape can permanently cure or relieve severe pain. He also agreed to a lifetime ban on promoting products using infomercials, but excluded restrictions to promote his books via infomercials.[9][10][58] Trudeau was the only person ever banned by the FTC from selling a product via television.[14] Lydia Parnes, speaking for the FTC's Bureau of Consumer Protection stated: "This ban is meant to shut down an infomercial empire that has misled American consumers for years."[10] Trudeau claimed the government was trying to discredit his book because he was "exposing them."[14]

2005: Trudeau v. FTC

On February 28, 2005, Trudeau filed a complaint against the FTC in the U.S. District Court for the District of Columbia seeking declaratory and injunctive relief. Trudeau also filed a motion for preliminary injunction, which the court denied.[59]

The complaint charged that the FTC had retaliated against him for his criticism of the agency by issuing a press release that falsely characterized and intentionally and deliberately misrepresented the 2004 Final Order. That conduct, Trudeau asserted, exceeded the FTC's authority under 15 U.S.C. § 46(f) and violated the First Amendment. The FTC responded with a motion to dismiss the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), and for failure to state a claim for which relief can be granted under Rule 12(b)(6).

The district court granted the FTC's motion to dismiss. First, the court concluded that it lacked subject-matter jurisdiction because the press release was not "a 'final agency action'" under “section 704 of the [Administrative Procedure Act]”, 5 U.S.C. § 704. Second, the court held, "in the alternative, that Trudeau’s claims failed to state a viable cause of action as a matter of law."[59]

Trudeau later filed an appeal which was unsuccessful in reversing the court's ruling.[60]

2005: Trudeau v. New York Consumer Protection Board

Trudeau filed a lawsuit on August 11, 2005, accusing the New York State Consumer Protection Board of violating his First Amendment rights by contacting television stations in New York state and urging them to pull Trudeau's infomercials promoting his book Natural Cures "They" Don't Want You to Know About.[61] Trudeau won a temporary restraining order on September 6, 2005 prohibiting the Board from sending letters to the television stations. The temporary restraining order was replaced by a preliminary injunction. However, Trudeau lost a motion to have the Board send a "corrective letter" to the television stations and subsequently dropped all claims for monetary damages. The case is still in litigation.[62][63][64]

2007: FTC contempt of court action

The FTC filed a contempt of court action against Trudeau and the companies that market The Weight Loss Cure 'They' Don't Want You to Know About, alleging that Trudeau was in contempt of a 2004 court order by "deceptively claiming in his infomercials that the book being advertised establishes a weight-loss protocol that is 'easy' to follow." The action was filed in the U.S. District Court for the Northern District of Illinois on September 17, 2007.[19] According to an FTC press release, Trudeau has claimed that the weight loss plan outlined in the book is easy, can be done at home, and readers can eat anything they want. When consumers buy the book, they find it describes a complex plan that requires intense dieting, daily injections of a prescribed drug that is not easily obtainable, and lifelong dietary restrictions.[20]

On November 19, 2007, Trudeau was found in contempt of the 2004 court order for "patently false" claims in his weight loss book. U.S. District Court Judge Robert W. Gettleman ruled that Trudeau "clearly misrepresents in his advertisements the difficulty of the diet described in his book, and by doing so, he has misled thousands of consumers."[50][51][65] On August 7, 2008, Gettleman issued an order that Trudeau was not to appear in infomercials for any product in which he has any interest, for three years from the date of the order; and was to pay a penalty of $5,173,000, an estimate of the royalties received from the weight loss book.[66][67] On November 4, 2008, Gettleman amended the judgment to $37,616,161, the amount consumers paid in response to the deceptive infomercials. The court denied Trudeau's request to reconsider or stay this ruling on December 11 of the same year.[53]

Trudeau appealed the ruling to the United States Court of Appeals for the Seventh Circuit which upheld the contempt finding, but sent the case back to the lower court to explain the basis of the $37,616,161 damage finding and the three-year infomercial ban.[68] After the lower court justified the basis for the damage finding, and set a $2 million performance bond for future infomercial advertising, Trudeau again appealed to the Seventh Circuit, which affirmed the damage award on November 29, 2011.[69]

2010: Arrest on criminal contempt of court charge

On February 11, 2010, Trudeau was arrested and appeared in U.S. District Court before Gettleman for criminal contempt of court after he "asked his supporters to email the federal judge overseeing a pending civil case brought against him by the Federal Trade Commission." He was forced to turn over his passport, pay a $50,000 bond and was warned he could face future prison time for interfering with the direct process of the court.[70] On February 17, Gettleman sentenced Trudeau to 30 days in jail and forfeiture of the $50,000 bond.[71] Well-known critic of Trudeau, Stephen Barrett, the creator of Quackwatch.org, "has for years labeled Trudeau a fraud" and was quoted: "He struck me as somebody who (believes he) is omnipotent. That is, no one can touch him," Barrett said. "That’s almost been the case."[70] Trudeau appealed the ruling and on May 20 the Seventh Circuit Court of Appeals granted his motion, dismissing the contempt citation.[72]

2011

On November 28, 2011, the U.S. Food and Drug Administration and the Federal Trade Commission issued warnings to companies selling human chorionic gonadotropin (HCG) as weight loss products as the claims are unsupported.[73] The HCG diet was popularized by Trudeau's The Weight-Loss Cure "They" Don't Want You to Know About book in 2007.[73][74]

On Nov. 29, 2011, Trudeau lost his 2010 appeal in the Seventh Circuit Court of Appeals. The court found that the $37.6 million fine for violating his 2004 settlement with the Federal Trade Commission was appropriate as Trudeau had aired 32,000 infomercials and described the figure as "conservative."[1][2] The court considered sales only from the 800 number used to place orders and excluded internet and store sales.[1][2] Additionally, the court found that requiring Trudeau to make a $2 million performance bond prior to participating in an infomercial was constitutional.[1]

2012

Trudeau continues to market his new updated 2012 version of his book Free Money "They" Don't Want You To Know About on TV commercials that feature an investigative reporting angle as the infomercial story line. A woman appearing as a reporter "investigates" Kevin Trudeau as a "scam" artist - or not?, with "actual" interviews of people claiming to have made millions of dollars off Trudeau's information in his book, in this heavily run current infomercial.

Other criticisms

Medical experience

One common criticism by consumer groups is that Trudeau has had no medical training. Trudeau responds that by not having such training, he is not biased toward pharmaceutical companies and the FDA, and that medical doctors "are taught only how to write out prescriptions" for "poisons" and "cut out pieces of a person's anatomy."[75]

Unsubstantiated claims

Trudeau has been criticized for his inability to provide substantial evidence to back up many of his claims.[weasel words] Although he provides anecdotal evidence, he has not provided evidence that such customer claims have been evaluated by a licensed medical practitioner. In instances where Trudeau has been asked to provide proof of his claims, he has misinterpreted medical studies or cited dubious or fictitious studies. For example, Trudeau cited a nonexistent 25-year research study involving a natural cure for diabetes at the University of Calgary.[76] When Tapper confronted him on Nightline, Trudeau insisted that he had a copy of the study and would provide it, which he never did.[14] He now claims on his infomercials that the university destroyed its findings to prevent reprisals from the pharmaceutical industry.

False endorsements

In August 2005, the New York Consumer Protection Board warned consumers that Trudeau has used false claims of endorsements to promote his products, noting that the back cover of Natural Cures includes false endorsements. Further, the NYCPB states that Trudeau's television ads “give the false impression that Tammy Faye Messner opposes chemotherapy in favor of the ‘natural cures’ in Trudeau’s book.” A representative for Messner before her death from cancer said that was not true and that she was starting chemotherapy again.[11]

The back cover includes the following quote from Dr. Herbert Ley, a former commissioner of the U.S. Food and Drug Administration who died three years before the book was written: "The thing that bugs me is that people think the FDA is protecting them. It isn't. What the FDA is doing and what people think it's doing are as different as night and day." Trudeau's lawyer, David J. Bradford, says that this quote does not constitute a false endorsement of his book by Ley but rather is merely a statement that is in line with the purpose of his book.[77]

Bibliography

  • How to Make $10,000 per Month as a Certified Memory Master (sound recording, 1990), American Memory Institute
  • How to Remember Everything in Your Past (sound recording, 1991), Nightingale-Conant Corporation (Niles, Illinois)
  • Advanced Mega Memory (sound recording, 1992), Nightingale-Conant
  • Never Forget Another Name (video recording, 1992), Nightingale-Conant
  • The Trudeau Marketing Group Opportunity (video recording, 1995), Trudeau Marketing Group
  • Kevin Trudeau's Mega Memory: How to Release Your Superpower Memory in 30 Minutes Or Less a Day (1995), William Morrow & Co (New York, New York), ISBN 9780688135829
  • Lose 30 Pounds in 30 Days! The Weight Loss Secrets "They" Don't Want You to Know About (sound recording, 2004), Alliance Publishing Group, Inc. (Elk Grove Village, Illinois)
  • Natural Cures "They" Don't Want You to Know About (2004), Alliance, ISBN 9780975599518
  • More Natural "Cures" Revealed : Previously Censored Brand Name Products That Cure Disease (2006), Alliance, ISBN 9780975599549
  • The Weight Loss Cure "They" Don't Want You to Know About (2007), Alliance, ISBN 9780978785154
  • Debt Cures "They" Don't Want You to Know About. (2007), ISBN 9780979825804
  • Recession Cures – Get Rich In Tough Times
  • Free Money "They" Don't Want You to Know About (2009)
  • Your Wish Is Your Command (2010)

Footnotes

  1. ^ a b c d Forward, Joe (Nov. 30, 2011). "Infomercial guru must reimburse $37.6 million for misleading consumers". State Bar of Wisconsin. Retrieved 5 December 2011. {{cite web}}: Check date values in: |date= (help)
  2. ^ a b c Baynes, Terry; Jonathan Stempel (Nov 29, 2011). "TV pitchman Trudeau loses appeal of $37.6 million fine". Reuters. Retrieved 5 December 2011.
  3. ^ http://www.ftc.gov/opa/2008/10/trudeau.shtm [clarification needed]
  4. ^ a b "WHY MY SON WENT BAD; Trouble Began With Adoption, Self-Help Guru Says". Boston Herald [dead link]. 2005-09-26. Archived from the original on 2008-03-16. Retrieved 2010-12-07.
  5. ^ a b c d e Copeland, Libby (October 23, 2005). "Wait, There's More – Kevin Trudeau's 'Natural Cures,' Swallowed by Millions Without a Prescription". Washington Post.
  6. ^ a b Ryan's Sweeping Settlement With Trudeau Protects Consumers & Nets $185,000 For Eight States Cagey Consumer website[clarification needed]
  7. ^ a b "Assurance of Voluntary Compliance Dated 7/16/96 settlement agreement with Illinois re Trudeau litigation". SEC Info. July 31, 1996. Retrieved December 20, 2011.
  8. ^ a b "Nutrition for Life's Distributor Charged in Pyramid Scheme". The Wall Street Journal via Cageyconsumer.com. April 18, 1996. Retrieved December 20, 2011.
  9. ^ a b c 2004 Stipulated Final Order[clarification needed]
  10. ^ a b c d "Kevin Trudeau Banned from Infomercials", FTC press release, September 10, 2004
  11. ^ a b c d "Consumer Agency Trashes Trudeau's "Natural Cures" Book". New York State Consumer Protection Board. 2005-08-05. Retrieved 2009-11-01.
  12. ^ a b Shapiro, R (2009). Suckers: How Alternative Medicine Makes Fools of Us All. Random House. p. 33. ISBN 0099522861.
  13. ^ a b c d Revealing the Truth about Natural Cures[clarification needed]
  14. ^ a b c d e Tapper, Jake (January 13, 2006). "Is Infomercial King a Helper or Huckster? Kevin Trudeau Courts Controversy Along with Great Success". Nightline. ABC News. Retrieved 2009-11-01.
  15. ^ Barrett, Stephen (2008-01-03). "Analysis of Kevin Trudeau's "Natural Cures" Infomercial (2004)". Quackwatch. Retrieved 2009-11-01.
  16. ^ "Kevin Trudeau Sells Customer Names to Junk Mailers". New York State Consumer Protection Board. 2005-10-31. Retrieved 2009-11-01.
  17. ^ Fraser, L. "Ten Pounds in Ten Days: A Sampler of Diet Scams and Abuse". Archived from the original on 2007-10-11. Retrieved 2011-07-19.
  18. ^ Attention: This template ({{cite pmid}}) is deprecated. To cite the publication identified by PMID 786001 , please use {{cite journal}} with |pmid= 786001 instead.
  19. ^ a b "''Federal Trade Commission, Plaintiff v. Kevin Trudeau, Shop America (USA) LLC, Shop America Marketing Group, LLC, Trustar Global Media, Limited, Robert Barefoot, Deonna Enterprises, Inc., and Karbo Enterprises, Inc., Defendants, and K.T. Corporation, Limited, and Trucom, LLC''". Federal Trade Commission. January 15, 2009. Retrieved December 20, 2011.
  20. ^ a b "FTC: Marketer Kevin Trudeau Violated Prior Court Order – Charges Him with Misrepresenting Contents of Book". Federal Trade Commission. September 14, 2007. Retrieved December 20, 2011.
  21. ^ Jaffe, Chuck (October 30, 2007). "Shell-out game – Buying into this 'debt cure' is worse than the affliction". Market Watch. Retrieved December 20, 2011.
  22. ^ Trudeau, Kevin (Host). (2010, May 16).Your Wish is your Command[Informercial]. Toronto: CityTV
  23. ^ "Global Information Network". Global Information Network. Retrieved December 20, 2011.
  24. ^ Cosmic Mind pages 8 through 19 http://www.colorado.edu/philosophy/vstenger/Quantum/01CosmicMind.pdf
  25. ^ The God Particle: If the Universe is the Answer, What is the Question – pages 189 to 198 by Leon Lederman with Dick Teresi (copyright 1993) Houghton Mifflin Company
  26. ^ "Transcript: Interview With Kevin Trudeau". Paula Zahn Now. CNN. October 13, 2005. Retrieved December 20, 2011.
  27. ^ "Is Trudeau A Charlatan Or Healer?" – CBS News, The Early Show
  28. ^ "Inside Edition Show Archive for Oct 5, 2005". Insideedition.com. Retrieved December 20, 2011.[dead link]
  29. ^ a b c Stossel, J (2006-01-20). "King Con – Selling Questionable Cures? Bestselling Author Selling Questionable Cures to the Desperate and Gullible". ABC News. Retrieved 2009-11-01. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help) (transcript)
  30. ^ Dateline NBC: From the Inside Out by John Larson
  31. ^ "The Resurrection of Robert Tilton". Trinityfi.org. Retrieved 2010-12-21.
  32. ^ http://vowman.org/pages/1/index.htm
  33. ^ "Field Guide: Who's Who Digest of the Wild World of Religion". Isitso.org. Retrieved 2010-12-21.
  34. ^ Natural Cures, Chapter 5 – "Why We Are Sick"
  35. ^ Barrett S, What ‘They’ Don’t Want You to Know, Skeptical Inquirer, January 2006. available online
  36. ^ a b Choi, Candice (September 25, 2005). "No Sure Cure: Critics Lambaste Book About 'Natural Cures'". AP Newswire. Associated Press. Retrieved 2007-10-28. [dead link] Choi, Candace (October 4, 2005). "Natural Cures Book: Is It the Truth or Is It Quackery?". AP Newswire. Associated Press. Retrieved 2011-11-22.
  37. ^ a b "Infomercial Marketers Settle FTC Charges – Ad Claims For "Hair Farming," "Mega Memory System," "Addiction Breaking System," "Action Reading," "Eden's Secret," and "Mega Reading" Were Deceptive". Federal Trade Commission. January 13, 1998. Retrieved December 20, 2011.
  38. ^ "ITC Findings on face lift infomercial". Ofcom.org.uk. Retrieved December 20, 2011.
  39. ^ Direct Marketing Leaders Donald Barrett and Kevin Trudeau Join Forces. Retrieved December 21, 2006.
  40. ^ ITV Ventures. Retrieved December 21, 2006.
  41. ^ "International Pool Tour Eight-ball Championship", RenoTahoe.about.com. Retrieved June 25, 2007.
  42. ^ L Jon Wertheim (November 24, 2007). "Jump the Shark". New York Times (op-ed). New York Times. Retrieved 2007-11-24.
  43. ^ "Federal Court Finds Kevin Trudeau in Civil Contempt". Ftc.gov. 2008-11-19. Retrieved 2010-12-21.
  44. ^ "Federal Trade Commission, Plaintiff v. Kevin Trudeau, Shop America (USA) LLC, Shop America Marketing Group, LLC, Trustar Global Media, Limited, Robert Barefoot, Deonna Enterprises, Inc., and Karbo Enterprises, Inc., Defendants, and K.T. Corporation, Limited, and Trucom, LLC, Relief Defendants., United States District Court, Northern District of Illinois, Eastern Division". Ftc.gov. 2009-01-15. Retrieved 2010-12-21.
  45. ^ "Marketers of Coral Calcium Product Are Prohibited from Making Disease Treatment and Cure Claims in Advertising". Ftc.gov. 2008-11-19. Retrieved 2010-12-21.
  46. ^ "FTC v. Kevin Trudeau". Ftc.gov. 2008-11-18. Retrieved 2010-12-21.
  47. ^ "Tru-Vantage International, L.L.C. - Complaint". Ftc.gov. Retrieved 2010-12-21.
  48. ^ "United States of America v. Kevin Trudeau". Casewatch. September 11, 1990. Retrieved December 20, 2011.
  49. ^ "FTC archives for their conflicts with Trudeau". Federal Trade Commission. Retrieved December 20, 2011.
  50. ^ a b "Federal Court Finds Kevin Trudeau in Civil Contempt". News Release. Federal Trade Commission. November 21, 2007. Cite error: The named reference "FTCnewsrelease20071121" was defined multiple times with different content (see the help page).
  51. ^ a b "Memorandum Opinion and Order: Federal Trade Commission, Plaintiff v. Kevin Trudeau, et al." (PDF). United States District Court, Northern District of Illinois, Eastern Division. November 21, 2007. Cite error: The named reference "FTCpdf2007" was defined multiple times with different content (see the help page).
  52. ^ Kevin Trudeau Banned from Infomercials For Three Years, Ordered to Pay More Than $5 Million for False Claims About Weight-Loss Book, Federal Trade Commission, October 6, 2008.[clarification needed]
  53. ^ a b "Judge Orders Kevin Trudeau to Pay More Than $37 Million for False Claims About Weight-Loss Book". Federal Trade Commission. January 15, 2009. Retrieved 2009-01-24.
  54. ^ 1990 Indictment for Credit Card Fraud, filed in USDC District of Massachusetts[clarification needed]
  55. ^ Entry for 'Kevin Trudeau' at The Skeptic's Dictionary[clarification needed]
  56. ^ "1997 Stipulated Order for Permanent Order for Permanent Injunction and Final Judgment Against Kevin Trudeau". Federal Trade Commission. Retrieved December 20, 2011.
  57. ^ Dreher, C. (July 29, 2005). "What Kevin Trudeau doesn't want you to know". Salon.com. Retrieved 2009-11-19.
  58. ^ Kevin Trudeau Banned from Infomercials – ConsumerAffairs.com, September 10, 2004
  59. ^ a b Barrett, Stephen. "Kevin Trudeau Document Index with links to relevant documents in Trudeau v. FTC". Casewatch. Retrieved December 20, 2011.
  60. ^ Trudeau v. FTC (Appeal). Retrieved August 7, 2006.
  61. ^ Infomercial king sues New York regulators, Chicago Sun-Times, August 15, 2005 by Stephanie Zimmermann[dead link]
  62. ^ "Kevin Trudeau's criminal history - Kevin Trudeau". Zimbio. Retrieved 2010-12-21.
  63. ^ "Slander Free for 0 Days: #32 [random] "Those bags ruined my strawberries!!!!" - S. Rohaley". Slanderfreefor0days.blogspot.com. 2008-05-29. Retrieved 2010-12-21.
  64. ^ 2008-05-16 02:11:40 (2008-05-16). "ɵ¤¤Ë¤Ê¤é¤Ê¤¤¿Í¤âÃΤé¤Ê¤¤Á´ÊƵ¬ÌϤκ¾µ½»Õ¡¦¥±¥ô¥£¥ó¡¦¥È¥ë¥É¡¼ÆüËܾåΦ¡ª(¾ÃÈñ¼ÔÄ£¡¦ºÛȽ°÷) - Dr. Mori Without Borders / Mori-san Sans Frontieres". Blog.goo.ne.jp. Retrieved 2010-12-21. {{cite web}}: |author= has numeric name (help)
  65. ^ Rugaber, Christopher S. (November 19, 2007). "Court finds 'Natural Cures' author Trudeau in contempt of 2004 settlement, may be fined again". SignOnSanDiego. Associated Press. Retrieved December 20, 2011.
  66. ^ "Kevin Trudeau Banned from Infomercials For Three Years, Ordered to Pay More Than $5 Million for False Claims About Weight-Loss Book". News Release. Federal Trade Commission. October 6, 2008.
  67. ^ "Memorandum Opinion and Order: Federal Trade Commission v. Kevin Trudeau" (PDF). United States District Court, Northern District of Illinois, Eastern Division. August 7, 2008.
  68. ^ "FTC v. Kevin Trudeau" (PDF). August 27, 2009. Retrieved 7 February 2010.
  69. ^ "FTC v. Kevin Trudeau". November 29, 2011. Retrieved 29 November 2011.
  70. ^ a b Natasha Korecki. Kevin Trudeau held in criminal contempt, facing jail time. Federal judge in Chicago acts after being flooded with emails prompted by the author-infomercial king. Chicago Sun-Times, February 11, 2010
  71. ^ Coen, Jeff (February 17, 2010). "Infomercial pitchman gets 30 days for e-mails to judge". Chicago Tribune. Retrieved 2010-02-17.
  72. ^ "Kevin Trudeau Off the Hook for Contempt Citation". Chicago Sun-Times. May 20, 2010. Retrieved 2010-05-20.
  73. ^ a b Salisbury, Susan (Dec. 9, 2011). "Feds orders HCG diet vendors to quit selling ineffective product". The Palm Beach Post. Retrieved 15 December 2011. {{cite news}}: Check date values in: |date= (help)
  74. ^ Oakes-Lottridge, Andy (Dec. 12, 2011). "HCG supplementation isn't any good for weight loss". news-press.com. Retrieved 15 December 2011. {{cite news}}: Check date values in: |date= (help)
  75. ^ (Natural Cures, Chapter 1 – "I Should Be Dead by Now")[clarification needed]
  76. ^ Firm claims diabetes cure – Allegations fly as company accuses U of C of cover up, Gauntlet News, February 16, 2006, by Nisha Patel[dead link]
  77. ^ Best-seller ‘Natural Cures’ sparks court battle – Bob Sullivan, MSNBC, August 22, 2005

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