Grewal warns of false claims, scams in COVID-19 tests

NEWARK, NJ — As testing for COVID-19 and COVID-19 antibodies continue to become more widely available, Attorney General Gurbir Grewal and the Division of Consumer Affairs warn consumers to beware of false or misleading claims in the sale or administration of COVID-19 tests and COVID-19 antibody tests, and other deceptive practices related to testing.

“As public access to COVID-19 and COVID-19 antibody testing increases, so do opportunities for unscrupulous individuals to make money by exploiting people’s confusion and fears,” Grewal said. “We’re urging consumers to do their homework, understand the types of tests being marketed, and recognize what those tests can and cannot do, so they don’t fall victim to false promises and outright scams.”

Antibody testing differs from diagnostic testing in that antibody testing is intended to determine if you possess antibodies to the SARS-CoV-2 virus that causes COVID-19, which indicates past exposure to the virus. Diagnostic testing is intended to determine if you currently have the disease.

At the close of May, the division sent cease-and-desist letters to a Morris County health club and a Passaic County dentist warning them against making false or misleading claims in the sale of antibody, or “serological,” tests for COVID-19. The health club and dentist allegedly misled consumers by stating that the presence of antibodies confers immunity and can be used to immediately diagnose the infection.

According to the U.S. Food and Drug Administration, serology tests should not be used to diagnose the infection as the test can yield a negative result in infected patients, for example, if the antibody to the virus has not yet developed, and can yield a false positive, for example, if the patient has antibodies to another coronavirus type other than the current pandemic strain.

The FDA also states that “serology tests can play a critical role in the fight against COVID-19 by helping health care professionals identify individuals who have antibodies to SARS-CoV-2 virus and have developed an adaptive immune response. In the future, this may potentially be used to help determine, together with other clinical data, whether these individuals may be less susceptible to infection. At this time, it is unknown for how long antibodies persist following infection and if the presence of antibodies confers protective immunity.”

In addition to being aware of misleading information relating to testing for COVID-19 and its antibodies, consumers should also beware of outright scams connected to the sale of COVID-19 tests. Nationwide, individuals and entities are taking advantage of the burgeoning testing market by selling tests that haven’t been approved by the FDA and may not provide accurate results; going door-to-door and performing fake tests for money; and purporting to offer free virus test kits in an effort to collect consumers’ personal and health insurance information.

There are also reports that scammers posing as contact tracers are texting New Jersey residents with messages saying they came in contact with someone who had COVID-19. The text messages ask people to follow links and then try to get them to reveal their personal information.

“Unfortunately, where there’s money to be made, scammers, con artists and identity thieves are never far behind,” said Paul R. Rodriguez, acting director of the Division of Consumer Affairs. “Consumers should be wary of anyone advertising tests for sales via email, on social media or over the phone. With testing now widely available in New Jersey pharmacies and health care practitioners’ offices, finding a trustworthy testing site is easier than ever. And consumers should understand that legitimate contact tracers will never ask for Social Security numbers, bank account or credit card information, or insurance numbers over the phone. They don’t need that information.”

  COVID-19, Gurbir Grewal