Naples businesses settle misleading ads for $7.6 million for 'Smoke Away' products

A Naples distributor of “Smoke Away” products has been ordered to pay $7.6 million for misleading and unsubstantiated marketing claims that the products are a quick and effective way to quit smoking, according to the U.S. Department of Justice.

U.S. District Court in Fort Myers ordered Michael J. Connors, 60, and several of his companies with addresses in Naples and Fort Myers to pay $7.1 million for consumer claims and $500,000 in a civil penalty, according to a news release.

The penalty is to resolve allegations of violations of the Opioid Addiction and Recovery Fraud Prevention Act of 2018.

The Federal Trade Commission said the case is the agency’s first smoking cessation product challenge under the act and its first alleging the deceptive use of testimonials to sell a supposed addiction treatment product, according to the FTC.

The court order prohibits Connors and six of his companies from engaging in the advertising, marketing, promoting, sale or distribution of any substance use disorder treatment products.

In addition, it prohibits Connors from making unsubstantiated claims in the future and clarifies the amount of substantiation needed for future health claims, according to the release.

Connors’ attorney in New York, Alexandra Megaris, did not respond immediately to an email for comment.

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The complaint filed by the Consumer Protection Branch of the Justice Department and the FTC said this is not the first time the FTC challenged Connors’ advertisements of Smoke Away products.

In 2005, he and one of his former companies in Naples, Emerson Direct Inc., doing business as the Council on Natural Health, entered into a settlement yet the FTC says he continued to violate the law, according to the news release.

The 2005 settlement was for $1.3 million, records show.

Connors and his companies included in the order filed Monday are ProTouch Marketing LLC, also doing business as Smart Day Supplements; Woodford Hills LLC., Evergreen Marketing LLC, Sterling Health LLC, and Clara Vista Medica LLC, according to the filing. All five have their principal place of business listed at 6314 Trail Blvd. In Naples.

A sixth company, Oakhill Research LLC has its principal address as 15050 Elderberry Lane, Suite 6V-21, in Fort Myers.

What are the allegations?

The complaint said Connors and his companies made misleading and unsubstantiated claims on websites and social media platforms about the effectiveness of Smoke Away tablets, pellets and homeopathic sprays.

The claims led consumers to believe they can eliminate nicotine cravings and withdrawal symptoms through the products and help them quit smoking quickly, easily and permanently.

The advertising was misleading and unlawful because it is not supported by competent and scientific evidence, according to the complaint.

Connors’ marketing of the Smoke Away products violates the Federal Trade Commission Act and the opioid fraud prevention act  enacted in 2018. The act prohibits unfair or deceptive practices with respect to any "substance use disorder" treatment, product or service.

Tobacco-related disorders are substance use disorders and so the opioid fraud prevention act applies, according to the federal government

The order requires two decades of record keeping and reporting obligations to ensure the defendants’ future compliance with the FTC and the opioid addiction recovery fraud prevention act.

“The Justice Department will vigorously enforce laws intended to stop deceptive advertisers and, in particular, recidivists from preying on consumers battling addiction,” Brian M. Boynton, principal deputy assistant Attorney General for the Justice Department’s civil division, said in a statement.

“The department is committed to taking action to ensure consumers have the information they need to make decisions about their health and wellness,” he said.

Which websites and social media platforms were used?

The products involved are “Smoke Away Formula 1” tablets, which contain vitamin C, iron, iodine, sodium and a mix of botanicals that included alfalfa root and licorice root. A second product is “Smoke Away Maintenance” tablets. They contain cape aloe, white oak and other botanicals.

Another product was “Spray Away by Smoke Away” homeopathic spray and “Smoke Away” homeopathic pellets and five combinations that were marketed as kits.

For instance, the “Basic Kit” includes Formula 1 and Maintenance and has sold for $68.85 on Amazon while the “Basic Kit Plus” adds the homeopathic pellets and has sold for $78.90, according to the complaint.

Other online channels for the sales included websites owned or controlled by the defendants and retailers like Walmart and eBay, and online advertising networks that include Google Search Ads and Google Display Ads.

In addition, social media such as Facebook and YouTube were used, and Smoke Away products were promoted on the radio and through text messages.

Testimonials were used to market the products that were not bonafide Smoke Away users and instead were paid actors who were provided with a “rough outline of what to say and encouraged them to take artistic license in preparing the testimonials so that they would seem authentic,” according to the complaint.

The video testimonials were disseminated on YouTube and other websites.

This article originally appeared on Naples Daily News: 'Smoke Away' cessation products awash in misleading ads: Feds