Grand Deceit by Theos Medical Systems and Chummie – A Judge's Order! (Part 2)

Continued from the previous blog entry - Part 1 

2.         We have complained for years that Bhatia was using grossly exaggerated and unsubstantiated claims for his Chummie products on his website(s) and the websites of parties such as Amazon and eBay. Consumers and buyers were being grossly misled by these fake facts. The Judge‘s Order stipulates that the following statements be modified or removed from such related sites in all countries:

a).        Change the statement “#1 doctor recommended bedwetting alarm” to “doctor recommended bedwetting alarm.”

b).        Change the statement “world’s #1 pediatrician recommended alarm” to “widely recommended by pediatricians.”

c).         Remove the statement “urine detection is 50x faster than other bedwetting alarms.”

d).         Remove the statement “more pediatric urologists recommend Chummie over other alarms.”

e).         Change the statement “Chummie is the only alarm that stops bedwetting” to “Chummie alarms stop bedwetting.”

f).          Change the statement “Chummie’s urine detection area is 100x larger than other alarms” to “Chummie’s urine detection area is significantly larger than other clip sensors.”

g).         Remove all references to the safety of PLAINTIFFS’ products, including references to “dangerous safety pins,” “sharp sensors - can cut skin,” and “contain lead and mercury.”

h).         Change references to “over 100,000” to “over 20,000.” [We were pointing out that Chummie was absurdly claiming over 100,000 units sold about the time they started their business in the U.S.].

i).          Change the statement “only alarm carried by major retailers in USA, Europe, and Asia” to “carried by major retailers in USA, Europe, and Asia.”

j).          Change the statement “does not cause skin rash caused by all other alarms” to “does not cause skin rash.”

k).        Remove the statement “only bedwetting alarm that has passed the test required to be registered with the United States FDA.”

l).         Change the statement “96% success rate” to “in a study . . . 96% success rate.”

m).       Change the statement “smallest and lightest bedwetting alarm available” to “small and lightweight.”

n).        Change the statement “loudest alarm available” to “loud.”

o).        Remove the statements “faster urine detection equals rapid treatment,” or “faster detection equals quicker treatment.”

A question that deserves to be asked is how many of Chummie’s sales were a consequence of buyers reading these false and/or exaggerated claims about the Chummie products! 

3.            The Judge pointed out that Chummie/Theos/Bhatia made false claims about patents owned by or applicable to Chummie, and ordered:
"Remove from their website all references to patented claims for which no patent has been approved within 10 days of entry of this Consent Decree. DEFENDANTS will also remove these references from Amazon and eBay websites within 45 days of entry of this Consent Decree."

Quite unconscionable! But then that is what we have been pointing out about Theos/Chummie for a long time.

4.            We have pointed out in some depth that Bhatia was making cash payments to persons solicited on Craigslist and other sites for posting fake product reviews on Amazon. These were used to grossly exaggerate the positives of Chummie products, and negatives for competitors' products. The Judge’s Order states that

"DEFENDANTS will refrain from making cash payments to individuals in exchange for reviews of their products."

You, the reader of this blog, can expect to be reading much more in this matter!

5.            The judge also ordered that Theos/Chummie/Bhatia should remove these illegitimate reviews from Amazon:
"DEFENDANTS will submit, through Amazon Vendor Central, a letter from their attorneys to Amazon’s Buyers Review Team and Item Update Creation Team. The letter will ask for the removal of all nonverified reviews of Chummie products on all Amazon websites posted between June 1, 2014 and March 31, 2015 on the grounds that the validity of the reviews has come into question. This letter will be sent within 10 days of entry of this Consent Decree. If the subject reviews are not removed within 45 days of the date the letter is sent, DEFENDANTS will send, through Amazon Vendor Central, a second letter from their attorneys to Amazon’s Buyers Review Team and Item Update Creation Team. The second letter will reference this Agreement and the Court’s Consent Decree, and will identify the specific nonverified reviews to be removed."

We can postulate that this is unlikely to happen till the end of the ordered period, and it would not surprise us if it did not happen even by that time. We have not seen Theos/Chummie/Bhatia do anything on a timely basis if it could be disadvantageous to them. This includes negating or erasing their fake claims. We’ll just have to wait and see.

We suspect, based on Bhatia's proclivity for trying to get away with whatever he can get away with, or delaying doing what is right if it may have any adverse effect on his business, that
1.       He has procrastinated in this matter of signing the order and consent decree as much as he believed that he could get away with, and   
2.       An important reason for the delays was to put in place other plans of his which could very possibly be adversely affected by the Judge’s Order! 

Continued in the next blog entry...