106.  FTC v. David M. Rothbart and Medimax Inc., Case No. 99-1485-Civ-ORL-LSA (M.D. Fla. filed Nov. 22, 1999)

Defendant: David M. Rothbart and Medimax Inc.

Type:  Defective HIV Home Test Kit

Rothbart's Web site, www.medimaxrx.com, offered several tests for a variety of diseases or conditions. The site prominently featured an HIV "rapid test" that was supposed to accurately detect HIV infection in human blood in 15 minutes. The FTC alleged that this HIV test was not approved for sale in the United States and that "nine of ten of Rothbart's HIV tests provided false negative results when tested with HIV-positive blood; the tenth test did not work at all."

The Commission filed suit under seal on Nov. 22, alleging that Rothbart had violated Sections 5(a) and 12 of the FTC Act. The Court granted the FTC’s motion for a Temporary Restraining Order, stopping him from engaging in the marketing or sale of HIV tests and freezing his assets.

http://www.ftc.gov/opa/1999/9912/medimax.htm (press release - complaint)