Q-Ray bracelet buyers were misled: U.S. judge
Put the Q-Ray bracelet on the shelf along with purported baldness cures and
feel-good tonics, according to a federal judge who ruled on Friday the jewelry
did not relief pain as advertised.
U.S. District Judge Morton Denlow ordered QT Inc. of Mount Prospect, Illinois,
and its owner, Que Te Park, to refund more than 100,000 buyers of the bracelets
-- priced up to $249.95 -- and forfeit profits of $22.6 million earned between
2000 and 2003.
The ruling supported a 3-year-old complaint by the U.S. Federal Trade Commission
and rejected the defense's theory that if people believe the product helps them,
why not advertise?
Before the ruling, the company's attorney said half the buyers of the product, a
C-shaped bracelet with screw-on caps on each end, claimed to get relief from
pain and more than half bought it for someone else, while one in four sought a
refund. Among the wearers were professional athletes, the lawyer said.
"With the Q-Ray bracelet, if defendants had represented that the bracelet
possessed no pain-relieving properties but was simply an interesting piece of
wrist jewelry, there would be no placebo effect," Denlow wrote in his ruling.
Widely advertised in televised infomercials and on the Web since 2000, the
pain-relieving qualities of Q-Ray bracelets were more fiction than scientific
fact, Denlow ruled. He cited a Mayo Clinic study that showed the placebo effect
was responsible for the effectiveness reported by some users. The placebo effect
is when a treatment with no medical benefits makes patients feel better because
they believe it will help.
Among previous products cited by the judge where false advertising was punished
by the courts were the Helsinki Formula baldness cure and the Acu-Dot
pain-relieving magnet.
Park found the bracelet, which is made in Spain by Bio-Ray S.A., in an airport
shop in Barcelona and said it helped his back pain. He bought one for his wife
for her migraines
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