Description of Event or Problem · 1
DEVICE SOLD UNDER FALSE PRETENSES. DEVICE IS MARKETED AND SOLD AS NEW, UNUSED, AND WITH GOOD EXPIRATION DATE, BUT THEY ARE ACTUALLY REFURBISHED, AND FAKE LABELS HAVE BEEN APPLIED TO MAKE THEM APPEAR TO HAVE GOOD EXPIRATION DATES. (B)(6) IS THE COMPANY SELLING THESE USED TRANSDUCERS FOR ULTHERAPY MACHINES. ULTHERAPY MACHINES ARE A MEDICAL DEVICE FOR COSMETIC TREATMENT. ULTHERAPY IS OWNED BY MERZ AESTHETICS, A DIVISION OF MERZ PHARMA GROUP. (B)(6) CLAIMS TO BE SELLING NEW, UNUSED, AND UNEXPIRED TRANSDUCERS. THEY SELL THEM FOR LESS THAN WHAT MERZ SELLS THEM, WHICH IS THE APPEAL. ULTHERAPY TRANSDUCERS ARE PROGRAMMED TO CONTINUE FUNCTIONING UNTIL THEY HAVE DELIVERED 2400 LINES OF TREATMENT. THEN THEY ARE NO LONGER USABLE AND MUST BE REPLACED. (B)(6) REACHED OUT TO ME BY MAIL IN 2017 SOLICITING MY BUSINESS. ON BOTH THE ADVERTISEMENT THAT THEY MAILED ME AND THEIR WEBSITE, IT SAYS THAT THEY ARE SELLING NEW, UNUSED, AND UNEXPIRED TRANSDUCERS. SPECIFICALLY, THEIR ADVERTISEMENT AND WEBSITE BOTH STATE, "WE GET OUR TRANSDUCERS FROM CLINICS WHO SELL THEIR MACHINES OR CLOSE DOWN THEIR OFFICES" AND "ALL TIPS/TRANSDUCERS HAVE 2400 LINES AND HAVE GOOD EXPIRATION DATES." THEY ALSO STATE 100% MONEY-BACK GUARANTEE. I PURCHASED A TOTAL OF 9 TRANSDUCERS FROM THEM AUGUST 2017 TO MARCH 2019, PAYING A TOTAL OF (B)(6). IT TURNS OUT THAT THESE ARE NOT, IN FACT, NEW, UNEXPIRED TRANSDUCERS THAT (B)(6) IS SELLING. THESE ARE USED, EXPIRED TRANSDUCERS OBTAINED FROM PROVIDERS WHO PERFORM THE ULTHERAPY TREATMENT. THESE TRANSDUCERS HAVE BEEN OPENED UP AND RESET SO THAT THEY WILL BEHAVE LIKE THEY ARE NEW, AND A NEW (FAKE) LABEL HAS BEEN PLACED ON THEM TO MAKE THEM APPEAR TO BE NEW AND UNUSED, WITH A GOOD EXPIRATION DATE. WHEN ULTHERAPY TRANSDUCERS ARE MANUFACTURED, THEY ARE DESIGNED TO INTERFACE AND COMMUNICATE WITH THE ULTHERAPY MACHINE SO THAT DATA IS COLLECTED AND RECORDED. SOME OF THIS DATA INCLUDES THE ACTUAL EXPIRATION DATE, AND TO WHOM THE TRANSDUCER WAS ORIGINALLY SOLD. THE PEOPLE AT ULTHERAPY WERE ABLE TO DETERMINE FROM MY MACHINE'S SUPPORT LOG THAT THESE TRANSDUCERS FROM (B)(6) WERE PREVIOUSLY PURCHASED BY SOMEONE ELSE AND HAD EXPIRED. THIS DEMONSTRATES THAT (B)(6) IS SELLING THESE TRANSDUCERS UNDER FALSE PRETENSES. THE RESULTS OBTAINED WITH THESE TRANSDUCERS WERE FAR INFERIOR TO THE RESULTS I SAW WITH ACTUAL NEW TRANSDUCERS BOUGHT FROM MERZ/ULTHERAPY. WE ATTEMPTED TO RETURN 4 OF THE TRANSDUCERS FOR A REFUND, BUT THE ADDRESS THAT (B)(6) PROVIDES IS FOR A MAILBOX SERVICE, AND BECAUSE WE SENT THE PACKAGE CERTIFIED MAIL, IT WAS RETURNED. ON THE WAY BACK, THE PACKAGE WAS DESTROYED, AND THE CONTENTS WERE LOST IN THE MAIL PROCESSING FACILITY. I LATER REACHED OUT TO (B)(6) REQUESTING A REFUND, EXPLAINING MY DISCOVERY THAT THE PRODUCTS SOLD TO ME WERE NOT AS ADVERTISED. THE PERSON WITH WHOM I EXCHANGED EMAILS, (B)(6), DENIES ANY WRONGDOING AND IS REFUSING A REFUND. FDA SAFETY REPORT ID # (B)(4).