San Antonio Judge Grants Restraining Order Against Living Health in New Braunfels
A San Antonio judge today granted a temporary restraining order (TRO) that prevents Living Health Holistic Healing Center in New Braunfels from marketing and selling unapproved COVID-19 test kits.
A hearing is scheduled for 9 a.m. Aug. 25 before Senior U.S. District Court Judge David Ezra.
U.S. Attorney’s Office for the Western District of Texas filed the TRO using a federal statute that permits federal courts to issue injunctions to prevent harm to potential victims of fraudulent schemes.
The government is alleging that owner Leslie Tatum, doing business as Living Health New Braunfels, engaged in fraudulent advertising and testing related to the coronavirus pandemic, said U.S. Attorney John Bash and U.S. Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs in a statement.
According to a civil complaint filed in this case, Living Health and owner Leslie Tatum misled the public into believing they were qualified to administer COVID-19 diagnostic-and-serological tests and interpret test results.
Living Health used a website, Facebook page and direct emails to advertising COVID-19 antibody testing for $85.
“…the test used by Tatum is not authorized by the U.S. Food and Drug Administration to determine whether individuals have an active COVID-19 infection or whether they should take steps to quarantine or isolate themselves from others,” the statement said. “Moreover, according to the complaint, Tatum, a licensed massage therapist, is not qualified to perform nor evaluate the test results.”
The FBI announced its investigation on Twitter Saturday,
Individuals who were tested for COVID-19 at this facility are asked to contact the FBI by calling 210-225-6741, prompt #1, or online at www.tips.fbi.gov. Those individuals are also encouraged to contact their primary care physician, local health department, free-standing ER, or nearby urgent care facility for retesting.