FTC Halts Sale of Allegedly Defective AIDS Test
MSNBC.com
Bob Sullivan
June 1, 2004
Thousands of consumers have bought a home HIV test that gives inaccurate results, according to the Federal Trade Commission, which has obtained a court order to halt sales of the kit in the United States. The two Web sites selling the Discreet kit, however, are based in West Vancouver, Canada - outside US courts' jurisdiction.
The sites' owner, Gregory Stephen Wong, told MSNBC.com that repeated trials have shown Discreet to be more than 99 percent accurate, but he would not provide any research results. FTC investigators, however, and CDC researchers say the test produces false positive and false negative results. While sales continue, FTC has asked Federal Express and the US Customs Service to confiscate shipments to US consumers. FTC attorney Janet Evans acknowledged that stopping all deliveries will be difficult. At least 3,000 kits were shipped via Federal Express to the United States last year, she said.
"It's rare to that you test something and it performs this badly," Evans said. FTC's court filings accuse site operator Seville Marketing Ltd. and Wong of false advertising and deceptive practices.
A temporary restraining order obtained from US District Court in Seattle two weeks ago, but only entered on Tuesday, mandates that the Web sites state that sales to US residents are banned. "So far the defendants are ignoring that," Evans said. Wong said he believed he had 20 days to respond to the court order, which he received on May 14; he said he will be halting US sales shortly. He acknowledged previously receiving letters from the Food and Drug Administration requesting that he stop US sales.
The Web site suggests that consumers can mix a blood sample with a solution and obtain results in five minutes. No such home test has been invented, according to Paul Feldman of the National Association of People with AIDS. The only home test presently available requires that consumers mail a blood sample to a lab.
"Anyone who has used this kit in the past should get another test done immediately," Evans said.