The seller of the fake cure, Miracle Mineral Solution (MMS), Roger Blake, has been sentenced to 10 months and 2 weeks imprisonment (with leave to apply for home detention) for manufacturing, selling, advertising and possessing unapproved medicines, and for obstruction and making false statements to a Medsafe investigator.
Mr Blake advertised and sold Miracle Mineral Solution products. MMS is a chemical solution which, when swallowed, contains chlorine dioxide, a powerful bleach typically used for industrial water treatment or bleaching textiles, pulp, and paper.
Mr Blake claimed that ingesting MMS could treat, prevent, and cure COVID-19. Medsafe, however, had not approved MMS for treatment of COVID-19, or for any other use. Rather, in prior official warning statements, Medsafe had strongly urged consumers not to purchase or use MMS for any reason.
Medsafe has an important role to protect the public from harm from unsafe products that claim to treat or cure disease.
"Drinking MMS is the same as drinking bleach and can cause dangerous side effects, including severe vomiting, diarrhoea, and life-threatening low blood pressure. We strongly encourage people to only go to trusted sources, such as your doctor, to get reliable information. says Derek Fitzgerald, Medsafe Compliance Manager.
Before marketing MMS as a cure for COVID-19, Mr Blake marketed MMS as a miracle cure-all for dozens of other serious diseases and disorders, such as cancer, Alzheimer's disease, diabetes, HIV/AIDS, and leukemia, even though Medsafe had not approved MMS for any therapeutic purpose.
"Mr Blake put the public's health at risk by selling this fake cure. He targeted the vulnerable, preyed on public fears and exposed people to harm", says Mr Fitzgerald.
Medsafe received three reports of people requiring hospitalizations after drinking MMS.
"His conduct presented a significant risk to public health, and that is why Medsafe acted. His actions were in stark contrast to the requirements of the Medicines Act 1981, which is public welfare legislation designed to protect the public" says Mr Fitzgerald.
"This decision sends a strong message that people who engage in selling so called "miracle cures" will be held to account and face fines or imprisonment", says Mr Fitzgerald.
Background
The offending period covered December 2019 to December 2020. This included when COVID-19 reached Aotearoa New Zealand and the country was placed in lockdown.
Mr Blake had sales of over $160,000 for the 12 month offending period. This was a significant increase in sales in March 2020. This coincided with the country being placed in lockdown.
Mr Blake controlled two websites, miraclemineral.co.nz that made therapeutic claims but did not sell the product but had a link to his other website, nzwaterpurifier.com, which sold the product as Water Purification products.
In an attempt to add a layer of protection against scrutiny from authorities, in 2016 Mr Blake entered into an arrangement with Mark Grenon to be the listed registrant of the mircalemineral.co.nz website. Mr Grenon was imprisoned in USA for selling Miracle Mineral Solution.
Mr Grenon set up the "Genesis II Church of Health and Healing" as an attempt to avoid arrest. Mr Blake was a Bishop of this Church.
Questions and Answers
What is the Medicines Act 1981?
The Medicines Act 1981 regulates the manufacture, sale and distribution of medicines, medical devices and related product. The framework of the Act is designed to ensure that consumers receive medicines that are safe, effective and of an acceptable quality. The Act sets out legislative requirements for the sale, advertising, distribution, manufacture and importation of medicines.
Medsafe is responsible for administering the Medicines Act 1981.
The Medicines Act is accompanied by the Medicines Regulations 1984.
What is Medsafe?
Medsafe is the New Zealand Medicines and Medical Devices Safety Authority. It is a business unit of the Ministry of Health and is the authority responsible for the regulation of therapeutic products in New Zealand. These products include medicines and related products, medical devices and controlled drugs used as medicines.
What were the 29 charges that Mr Blake was convicted of?
- Five Charges of labelling medicines without a licence - s17(1)(a)(c) Medicines Act 1981
- Fourteen charges of selling a new medicine without the consent of the Minister of Health – s20(2)(a) of the Medicines Act 1981 (note this includes five charges of possessing a new medicine for sale, which falls within the definition of sale)
- One charge of possession a prescription medicine without reasonable excuse s43(1) of the Medicines Act 1981
- Advertised the availability of a new medicines s20(2)(c) of the Medicines Act 1981
- Four charges of published a medical advertisement – s 58(1)(c)(i), (ii) and (iii) of the Medicines Act 1981
- One charge of wilfully obstruction an officer – s75(1) of the Medicines Act 1981
- Two charges of making a false statement – s76 of the Medicines Act 1981
- What were the 20 charges that NZ Water Purifier Ltd were convicted of
- Note these charges were jointly with Mr Blake.
- Five Charges of labelling medicines without a licence - s17(1)(a)(c) Medicines Act 1981
- Fourteen charges of selling a new medicine without the consent of the Minister of Health – s20(2)(a) of the Medicines Act 1981 (note this includes five charges of possessing a new medicine for sale, which falls within the definition of sale)
What were the significant public health risks posed by Mr Blakes' activities?
- By advertising and supplying an industrial bleach, chlorine dioxide, that can cause dangerous and potentially life threatening side effects, Mr Blake put the health of members of the public at risk.
- Further by promoting this as a miracle cure people with serious ailments may not seek advice from a trained healthcare professional, this placing their health at risk.
- The restrictions on advertising imposed by the Act ensures that even for medicines for which the Minister's consent (approval) has been given, there is a tight restriction on what can be said in an advertisement. This is strong protection for the public from unfounded claims about the benefits of products that can be described as medicines.
