Buying Belief
A Q-Ray timeline
1994 | |
Q-Ray founder Andrew Park says he first saw a bracelet in Barcelona airport, sold as the "Bio-Ray," which, he claims, helped his lower back pain. Says he also bought one for wife’s migraines. | |
1996 | |
Q-Ray USA begins selling Q-Ray bracelets mostly wholesale and launches websites | |
1999 | |
March 25 | Q-Ray USA files for trademark “NATURAL PAIN RELIEF.” |
2000 | |
August | Q-Ray begins selling directly to consumers using infomercial, with national airings on Golf Channel, Learning Channel, USA Network, and Discovery Channel. |
September | Website sales increase. |
December | Private lawsuit against Q-Ray USA filed in California. |
2001 | |
April | ‘Market Facts’ survey reports a 50/50 split in satisfaction among Q-Ray users. |
June | Second, edited version (because of California lawsuit) of infomercial begins airing. |
July 9 | Q-Ray USA receives email from grad student DeAnn Trapp containing excerpt from results of her study (no significant change in pain for Q-Ray, placebo experienced significant decrease). |
July 16 | Q-Ray USA receives full report from Trapp via email. |
Aug. 11 | Trapp travels to Chicago to be filmed in infomercial. |
Aug. 20 | Q-Ray USA asks Trapp to remove discussion of pain and placebo data in published report. |
Sept. 19 | Q-Ray USA asks Trapp to conduct second study. |
Oct. 8 | Trapp complies with request for study provided to Q-Ray USA, but submits her degree thesis complete. |
Nov. 30 | Q-Ray USA sends email to distributor asking for changes to web site, “…stay away from making any claims or even using the word pain.” Because of pending Mayo and second Trapp studies. |
Dec. 26 | Q-Ray USA sends another email to same distributor, asking it to remove “relieves pain” from web site. |
2002 | |
Nov./Dec. | Andrew Park learns results of Mayo study (no difference between Q-Ray and placebo - questions benefit of using bracelet). Lawyers advise Q-Ray to change marketing material. |
2003 | |
February | FDA investigators inspect Q-Ray USA. Q-Ray USA begins developing clinical study of its own, using 600 subjects. |
March | Andrew Park orders Q-Ray USA to spend less money on TV advertising and to reduce number of infomercial airings. Park tells VP of marketing to “fly under the antenna scope.” |
March 6 | Q-Ray Canada (Ion-Ray) is incorporated |
May 27 | FTC files complaint against Q-Ray USA. |
May 29 | U.S. Court grants temporary restraining order and asset freeze of Q-Ray USA. |
June 11 | Temporary injunction issued against Q-Ray USA, prohibiting false or misleading advertising, marketing, or promotion of the bracelet. |
July | Andrew Park named defendant in Cook County class action |
2005 | |
November | FTC contacts Q-Ray USA regarding infomercial airing that contained reference to pain-relief, contrary to preliminary injunction. |
2006 | |
Jan. 3 | Cook County class action bench trial concludes, judgement entered in favour of Andrew Park. |
June 6-15 | 5-day bench trial, Chicago FTC vs. Q-Ray USA. |
Sept. 8 | Court rules against Andrew Park & Q-Ray USA. |
Sept. 20 | FTC press release: “Court rules in FTC’s favour in Q-Ray bracelet case. Orders defendants to pay up to $87 million.” |
Nov. 13 | Final judgement order against Q-Ray USA. |
2007 | |
Oct. 31 | Appeal of FTC vs. Q-Ray verdict heard in US Court. (Hear An audio recording of the oral arguments.) |
November 14, 2007
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