On Friday March 20, 2020, the FDA warned consumers to be wary of fake at-home COVID-19 test kits appearing on the market. The FDA noted that it had not authorized any at-home testing kits for COVID-19. Further, the FDA warned that fake COVID-19 testing kits and other fraudulent related products and equipment could exacerbate the current crisis by preventing consumers from seeking proper medical treatment. The FDA has already warned several companies about making false statements regarding the efficacy of their products as preventatives for COVID-19. State Attorney Generals throughout the country are likely to come down hard on any individuals found to be selling fake COVID-19 test kits or other fake medical supplies related to COVID-19 under state unfair and deceptive practice statutes.
Our team at Foley Hoag is continuing to monitor how state Attorneys General are responding to the COVID-19 crisis. Foley Hoag has also established a multi-disciplinary task force to help address legal matters related to COVID-19 and provide clients with the resources required to develop and implement legal and operational policies and procedures, as well as business strategies during the outbreak and beyond.