FTC Brings First Action Under COVID-19 Consumer Protection Act

The Federal Trade Commission sued Quickwork LLC and its owner with violating the COVID-19 Consumer Protection Act and the FTC Act, alleging that they falsely marketed products with vitamin D and zinc as scientifically proven to treat or prevent COVID-19.  This is the first case that the FTC has brought under the COVID-19 Consumer Protection Act.

The new law, which was enacted in December 2020, prohibits deceptive acts or practices, during the COVID-19 public health crisis, that are associated with the "treatment, cure, prevention, mitigation, or diagnosis of COVID-19" or a "government benefit related to COVID-19."  Significantly, unlike for most violations of the FTC Act, when enforcing the COVID-19 Consumer Protection Act, the FTC can seek civil penalties.