Michigan AG To Businesses: Stop Selling Fake Coronavirus Tests

MICHIGAN — Michigan Attorney General Dana Nessel is working to crack down on businesses marketing and selling fake at-home coronavirus test kits.

Nessel on Wednesday reached out to VitaStrik Inc. ad $tronghold Inc, both of Las Vegas but operating in Beverly Hills, California, via letter. The letter can be viewed here. The Michigan AG did so after a concerned Michigan consumer reported the businesses' websites were promoting at-home coronavirus test kits. The kits were marketed at $25 each and described as being 96.3 percent accurate, with results available in 15 minutes.

No such kits have been approved by the Food and Drug Administration (FDA), and the Federal Trade Commission (FTC) has warned consumers that all such promotions are scams.

A special agent from the Attorney General’s office contacted the business owner, who said the test kits were going through approval processes with the FDA. When following up on those claims, the agent found them to be false as no one at the FDA had knowledge of the business owner or the kits.

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Nessel's office said in a press release it believes the businesses violated the Michigan Consumer Protection Act and demanded the businesses stop selling the phony kits to Michigan consumers and provide refunds to any consumer who may have already purchased some. Federal authorities may take further enforcement action. The company responded by saying it will comply with the office’s request.

“During public emergencies, it’s common for scams to become more prevalent and consumers must be cautious,” Nessel said. “I appreciate the consumer reports that continue to be filed with my office, and my Consumer Protection team and I will keep fighting to ensure hard-working, honest people are protected from scammers and price-gougers.”

The number of coronavirus-related price-gouging complaints filed with the AG's office as of 7 a.m. Friday was at 2,806. That includes 1,367 complaints filed online through the Attorney General’s Consumer Protection website, and 1,439 complaints taken by phone.

The Attorney General’s office has received reports from business owners who have been subjects of the office’s efforts to rein in price-gouging. Those business owners have been receiving threats from members of the public.

Price-gouging is a civil violation under the Michigan Consumer Protection Act. The Attorney General’s office finds residents who call out price-gouging on social media helpful, as are those who tell the office about it. But responding to price-gouging by threatening violence is a crime. It will not be tolerated, and it can be prosecuted.