The Federal Trade Commission in conjunction with the Food and Drug Administration has filed a lawsuit against the maker of Earth Tea for making unsubstantiated health claims that the tea can prevent and cure COVID-19.

The lawsuit names Andrew Martin Sinclair, owner of B4B Earth Tea LLC and B4B Corp. Sinclair sells the Earth Tea for $60 per 16-ounce bottle nationwide online and on social media. According to the FTC and FDA, Sinclair and his companies have misled consumers through deceptive marketing into believing the herbal tea can prevent and cure COVID-19 and even serve as an alternative to the COVID-19 vaccine.

The lawsuit details that since about April 2020, Sinclair touted unsubstantiated claims that Earth Tea could prevent and cure COVID-19 all without providing any evidence. The complaint explains, “Defendants purport to possess anecdotal evidence from customers, and they also rely on a 15-person purported study that Defendants state was conducted in India. Neither the purported anecdotal reports nor this small, unpublished study suffices as competent and reliable scientific evidence to substantiate the claimed health benefits.”

Sinclair touted the tea’s efficacy through marketing material that advertised, “Our Clinical Trial was successful. So successful we are offering a Money Back Guarantee against covid-19 if 2 bottles do not get you negative you will get your money back.” Another marketing post on social media detailed, “Vaccines trial shows preventing hospitalization is 85%-96% while so far Earth Tea Extra Strength is 100% we have helped people who are vaccinated. No one who was positive and used Earth Tea went to the hospital.”

In another more boisterous claim, B4B highlights their unsubstantiated study by advertising, “Our Goal is Zero Death, Zero Ventilator, Zero Suffering, Zero Hospitalization, Zero Long Haulers. Is that possible? Our first Clinical Trial Report will show that Nature Rules! Watch us lead the fight against #Covid19 with the world’s most powerful natural Supplement!”

Along with violating the FTC Act and the Federal Food, Drug, and Cosmetic Act, the agencies detail that Sinclair and his companies violated the COVID-19 Consumer Protection Act. Under this act which went into effect at the start of the pandemic, it is unlawful under Section 5 of the FTC Act for an individual, partnership, or corporation to engage in deceptive acts or practices in or affecting commerce associated with the treatment, cure, prevention, mitigation, or diagnosis of COVID–19.

Violating this COVID-19 era act is understood as a violation of the unfair or deceptive acts or practices prohibited in the FTC Act. In April 2021, the​ FTC moved forward with its first action under the COVID-19 Consumer Protection Act after Eric Anthony Nepute of Quickwork LLC was charged for deceptively marketing products touted as a treatment and cure for COVID-19.

The owner of Earth Tea has spoken out in defense of the tea's health benefits. Sinclair shared that their product was a natural drink, like other natural drinks on the markets. He adds that it “just so happens that ours is effective and maybe someone from Big Pharma has an issue with it.”

In a video posted on Twitter, the brand explained that “if we have to stop selling it in the U.S., we don’t mind doing that.” As of March 4, B4B Earth Tea has stopped advertising its product in the U.S.

As described by the lawsuit, the FTC and FDA are seeking civil penalties along with a permanent injunction to bar Sinclair from further deceptive practices.