The Federal Trade Commission has filed an enforcement action against marketer QT, Inc. on behalf of all persons who purchased a Q-Ray Bracelet or other similar "ionized" bracelet, alleging that the company has falsely advertised that the bracelets increase athletic ability and reduce joint and muscle pain in violation of the Federal Trade Commission Act. The action seeks disgorgement of all profits made through sales of the bracelets, as well as an order that will prevent the company from claiming that the bracelets have medicinal qualities.
The action alleges that the Illinois-based marketer of the purported pain-relief product deceptively claims that the Q-Ray Bracelet is a fast-acting effective treatment for various types of pain and that tests prove that the Q-Ray Bracelet relieves pain. A recent study conducted by the Mayo Clinic in Jacksonville, Florida, shows that the Q-Ray Bracelet is no more effective than a placebo bracelet at relieving muscular and joint pain. The court has issued a temporary restraining order against the defendants, which prohibits the company from making any misleading or deceptive claims about the Q-Ray Bracelet and freezes the company's assets.
The Q-Ray Bracelet is a C-shaped metal bracelet that the company claims is "ionized" through a secret process that gives it pain-relieving abilities. It is promoted through a nationally televised 30-minute infomercial and on the Internet at www.qray.com, www.q-ray.com, and www.bio-ray.com. The company allegedly claims in its ads that its product works by altering the body's positive and negative energy to naturally relieve pain from a variety of ailments, including musculoskeletal pain, sciatica, headaches, tendinitis, and injuries. The Q-Ray Bracelets range in price from $49.95 to $249.95.
The company's infomercial advertises a risk-free money back guarantee that allows consumers to return the Q-Ray Bracelet for a full refund within 30 days if they are not satisfied. The action alleges, however, that consumers were not able to readily obtain a full refund of the purchase price if they returned the product within 30 days. Furthermore, the action alleges that some purchasers who viewed the infomercial and went to the defendants' website to order the Q-Ray Bracelet were not given this 30-day satisfaction guarantee.
On March 13, 2003, a private class action was also certified in Illinois state court against the company based on similar allegations. The class is composed of all persons who purchased a Q-Ray bracelet or other similar "ionized" bracelet manufactured, distributed, or sold by QT, Inc. since January 1, 1995. Proceedings in that case are currently ongoing.