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Colorado AG says businesses falsely claimed COVID-19 tests were FDA-approved

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Posted at 10:48 AM, May 01, 2020
and last updated 2020-05-01 12:49:17-04

DENVER — Colorado Attorney General Phil Weiser sent cease-and-desist letters to several businesses across the Front Range, accusing them of illegally marketing COVID-19 tests that aren't approved by the Food and Drug Administration.

Weiser said the businesses falsely claimed their antibody tests are approved by the FDA. The FDA allows companies to distribute unapproved antibody tests but companies have to disclose that the tests aren't approved.

The businesses included:

• Zvia Weight Loss and MedSpa in Lakewood. Zvia has offered an at-home COVID-19 test and falsely claimed the test was approved by the FDA, Weiser said.

• The Functional Medicine Center of Fort Collins and Red Tail Wellness Centers in Boulder. Both businesses had misleading advertising saying their COVID-19 blood tests would reveal whether a person has recovered from the virus and has antibodies, Weiser said. The businesses also "overstated the reliability of the antibody test they sold" and failed to disclose that the test has not been approved by the FDA, Weiser said.

“Unfortunately, some Colorado companies have falsely claimed that tests they administer are FDA approved, and other companies are overstating the reliability and benefits of the unapproved tests they offer,” Weiser said in a news release. "These misrepresentations can endanger individuals and public health as well as lead consumers to pay for non-existent benefits. To protect Coloradans, we directed these companies to stop their misleading marketing tactics.”

Weiser encouraged residents to talk with their doctor before taking a COVID-19 test.