A product called Silver Solution will not cure the novel coronavirus, according to real life.

There is not a known cure for the novel coronavirus (Covid-19). As researchers hasten to learn more about the virus, that is one fact upon which all health experts and organizations around the globe agree. 

That is, except for Sherril Sellman, a so-called “natural health expert,” who falsely implied a liquid called Silver Solution eliminates and kills the virus. She made these provably false claims during an interview with Jim Bakker, whose televangelist production company sold the product for profit as part of its ministry in Missouri.

On March 6, 2020, the FDA and FTC warned Bakker not to sell products that claim to eliminate the novel coronavirus because, principally, no such product exists in the world. Bakker removed the product from his website on Wednesday; however, authorities fear it won’t be long before he reintroduces it to the public.

That’s why the State of Missouri filed a legal action to stop Bakker from selling the product while claiming it cures the novel coronavirus, citing violations of state law that prohibit false advertisements.

Unconscionable greed on the part of his ministry and heartbreaking gullibility on the part of his flock are topics beyond the scope of this blog post. Thankfully, its focus is on the law, and more precisely, the legal standard required for a court to enter a restraining order on a business that sells a product in the free market.

A temporary restraining order and/or preliminary injunction is a drastic pretrial measure when the petitioner’s forecasted need is immediate. Since urgency replaces the ordinary precautions due process provides a civil defendant, a court must find that (1) there is a substantial likelihood of success on the merits of the petitioner’s case and that (2) the petitioner will likely suffer irreparable loss unless the court intervenes with an injunction.

Warning letters from the FDA and FTC which point to violations of state and federal law predict a strong likelihood of success on the merits of the case. Bakker’s targeted consumers could also suffer irreparable loss should the court decline to enter the injunction. For one, there are side effects with the product itself, as it has the potential to turn a person’s skin bluish-gray (silver). But that’s not nearly all in context of the novel coronavirus. The product’s website particularly targeted older individuals who are susceptible to suffer more severe symptoms of the virus. The prospect of an older individual detrimentally relying on the product when sick instead of seeking out immediate medical attention could foreseeably result in serious illness or death for that individual.

Times like these tend to serve as an invitation for the crazies to emerge from the woodwork to take advantage of public fear and confusion. It’s good to know people in positions of power throughout the nation are stepping up to protect our wellbeing.

Taylor Hastings