Lab settles anthrax test kit charges

November 2002

U.S. Water News Online

WASHINGTON -- A New Jersey lab settled federal charges that it provided false test results for a do-it-yourself anthrax test kit.

The Federal Trade Commission said Sani-Pure Food Laboratories never used anthrax to verify the effectiveness of the ``PurTest Anthrax Test'' marketed by Vital Living Products Inc. In February, Vital Living settled FTC charges that it misrepresented the effectiveness of its test.

The latest settlement bans Sani-Pure, based in Saddle Brook, from testing to detect the presence of biological or chemical weapons or hazards and misrepresenting test results.

Ross Pearlson, an attorney for Sani-Pure, said the company will abide by the order and is glad to have resolved the matter.

By settling, the company does not admit to breaking any law.

Soon after the mail-borne cases of anthrax were detected last year, Vital Living said it would sell the first over-the-counter anthrax test kit. It was described as an accurate and effective home test for detecting spores in air, water and on surfaces. By early November, the Matthews, N.C.-based company said it had received more than $150,000 worth of orders.

The FTC said Vital Living promoted the test kit with unsupported claims. The agency said its investigation prevented the kits from reaching consumers and the settlement stopped the company from selling the test or similar products without proof that they work.

Vital Living hired Sani-Pure to test its kit and the lab reported that tests using anthrax showed that the PurTest was effective, the FTC said. However, the FTC said the lab never used anthrax and instead tested the kit with a more common bacteria that causes food poisoning and can not be used to simulate anthrax.


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