UNITED STATES OF AMERICA In the Matter of AMERICAN COLLEGE FOR ADVANCEMENT IN MEDICINE, a corporation. DOCKET NO. COMPLAINT The Federal Trade Commission, having reason to believe that the American College for Advancement in Medicine ("respondent") has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges: 1. Respondent American College for Advancement in Medicine (ACAM) is a California corporation with its principal office or place of business at 23121 Verdugo Drive, Suite 204, Laguna Hills, California 92653. ACAM is a nonprofit professional association comprised principally of physicians who administer traditional and complementary/alternative medical therapies including chelation therapy. 2. Respondent has disseminated to the public brochures and other written materials that constitute advertising under the Federal Trade Commission Act. These materials contain statements about a treatment modality identified as "chelation therapy," which involves the use of "drugs," within the meaning of Sections 12 and 15 of the Federal Trade Commission Act. Chelation therapy consists of the intravenous injection into the body of a substance which, after bonding with metals and minerals in the bloodstream, is expelled through the bodys excretory functions. The principal bonding substance called for in the ACAM treatment protocols, and used generally by practitioners is a synthetic amino acid called ethylene diamine tetraacetic acid (EDTA). Respondent distributes its brochures and other written materials to its members who disseminate the material to consumers. Additionally, respondent disseminates its material to consumers through an Internet Web Page and to consumers who contacted respondent through its toll-free telephone number. 3. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act. 4. Respondent has disseminated or has caused to be disseminated advertising for chelation therapy including but not necessarily limited to the attached Exhibits A (an Internet Web Page) and B (a pamphlet), which contain identical text. These advertisements contain the following statements, among others:
5. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that EDTA chelation therapy is an effective treatment for atherosclerosis. 6. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that it possessed and relied upon a reasonable basis that substantiated the representation set forth in Paragraph 5, at the time the representation was made. 7. In truth and in fact, respondent did not possess and rely upon a reasonable basis that substantiated the representation set forth in Paragraph 5, at the time the representation was made. Therefore, the representation set forth in Paragraph 6 was, and is, false or misleading. 8. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that scientific studies prove that EDTA chelation therapy is an effective treatment for atherosclerosis. 9. In truth and in fact, scientific studies do not prove that EDTA chelation therapy is an effective treatment for atherosclerosis. Therefore, the representation set forth Paragraph 8 was, and is, false or misleading. 10. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices, and the making of false advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act. 11. THEREFORE, the Federal Trade Commission this day of , , has issued this complaint against respondent. By the Commission. Donald S. Clark |