Donald Barrett

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For the American drummer, see Donald Barrett (musician).

Donald Barrett is the founder and president of ITV Direct, a company which produces infomercials for broadcast in the United States. Almost all are related to health and nutrition, or in the company's words, "products that positively impact people."[citation needed] He has also promoted Lorraine Day, and other alternative medical practitioners.[citation needed] He founded ITV Ventures, an affiliate company which offers the public network marketing opportunities connected to its infomercial business.[1] ITV closed on October 3, 2008.[2]

On September 24, 2013, Barrett became the co-host of Unspoken Cures Radio, along with Matthew Ryncarz. Unspoken Cures Radio used to be known as Fusion Power Hour, and is broadcast on the Arena Sports Network.[3] [4]

Controversy[edit]

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 (FDA) 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.[5]

In June 2004, the Federal Trade Commission (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.[6] In July 2004, ITV Direct was enjoined from marketing Supreme Greens.[7]

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.[8] In response to the FTC's suit, ITV Direct sued the FTC for alleged harassment and violation of free speech rights.[citation needed] 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.[9][10][11]

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 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.[12]

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 was scheduled to be sentenced on July 27, 2011.[13] 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.[14]

References[edit]

  1. ^ Press Release Newswire, October 8, 2006
  2. ^ The Salem News, Vendors: ITV No Longer in Business, Cate Lecuyer, October 3, 2008[permanent dead link]
  3. ^ Fusion Power Hour on The Arena Sports Network Archived December 11, 2013, at the Wayback Machine.
  4. ^ Arena Sports Network Announces Airing of Fusion Power Hour
  5. ^ Warning Letter, April 19, 2004
  6. ^ Federal Trade Commission news release, October 6, 2005 Archived April 22, 2008, at the Wayback Machine.
  7. ^ FTC Obtains Preliminary Injunction Against Marketers of Bogus Cancer-Cure "Supreme Greens", July 1, 2004 Archived April 18, 2008, at the Wayback Machine.
  8. ^ FTC Charges Marketers of “Weight-Loss Cure” Book with Misrepresenting Book’s Contents, October 5, 2007
  9. ^ Court finds Natural Cures' author Trudeau in contempt of 2004 settlement, may be fined again Christopher S. Rugaber, Associated Press, November 19, 2007[permanent dead link]
  10. ^ "Federal Court Finds Kevin Trudeau in Civil Contempt". News Release. Federal Trade Commission. November 21, 2007. 
  11. ^ United States District Court, Northern District of Illinois, Eastern Division (November 21, 2007). "Memorandum Opinion and Order: Federal Trade Commission, Plaintiff v. Kevin Trudeau, et al." (pdf). 
  12. ^ Judge finds Beverly company's promise to cure cancer in infomercials 'deceptive', The Salem News, July 19, 2008[permanent dead link]
  13. ^ Infomercial creator pleads guilty, will get year for tax fraud, The Salem News, May 3, 2011
  14. ^ "'SUPREME GREENS' INFOMERCIAL PRODUCER SENTENCED FOR FILING FALSE TAX RETURN AND DISTRIBUTING MISBRANDED DRUGS". US Attorney's Office - District of Massachusetts. Archived from the original on 13 January 2012. Retrieved 12 December 2011.