DIETARY SUPPLEMENT ADVERTISING
CASES
1984 - July 15, 2003
Wellquest International, Inc.,
Eddie Mishan, Tony Hoffman Productions, Inc., Anthony Hoffman,
and Mark J. Buchfuhrer, Defendants and Jeffrey Mishan, Steven
Mishan, Al Mishan, Isaac Mishan, and Morris Mishan, Relief
Defendants; Civ. Action No. CV 03-5002 PA(RNBx) (C.D.
Cal.) (filed 7/15/03) Stipulated Final Order for Permanent
Injunction and Settlement of Claims for Monetary Relief As
To Wellquest, Mishan, THPI, and the Relief Defendants. Complaint
alleged false and unsubstantiated claims for "Bloussant,"
sold for breast enhancement; "EnerX," sold for men's virility,
and "D-Snore," sold to relieve snoring. Also alleged are misrepresentations
and failure to disclose material terms in connection with
third-party buying club memberships "upsold" to consumers
who agreed to purchase Wellquest's products. Settlement requires
payment of $3.2 Million in consumer redress.
Michael S. Levey; Gary Ballen;
Bentley Myers International Co.; Publisher's Data Services,
Inc.; and Nutritional Life, Inc.; Civ. Action No.
CV-03-4670 GAF (AJWx) (C.D. Cal.) (Filed 6/30/03) Complaint
for Civil Penalties, Injunctive and Other Relief. Alleged
false or unsubstantiated efficacy and safety claims for weight
loss products containing ephedra, "Zymax" and "MillinexES,"
or St. John's wort, "Serotril," and unsubstantiated arthritis
cure and other claims for a dietary supplement product containing
glusosamine and chondroitin, "CartazyneDS." Alleged violation
by Michael S. Levey of 1993 FTC order in C-3459.
Health Laboratories of North America,
et al., Civ. Action No. 03 1457, (D.D.C.) (Filed
07/01/03)Complaint and Stipulated Final Judgment and Order
for a Permanent Injunction and Monetary Relief. Alleged false
and unsubstantiated weight loss claims for "Berry Trim Plus"
dietary supplement products containing Hydroxycitric Acid
or "HCA" and ephedrine alkaloids from Ma Huang and unsubstantiated
safety claims for "Berry Trim Plus." Order requires payment
of $195,000 in consumer redress.
USA Pharmacal Sales, Inc., et al.,
Civ. Action No. 8:03-CV-1366-T-23EAJ. (M.D. Fla.) (Filed 07/01/03)
Complaint and Stipulated Final Judgment and Order for a Permanent
Injunction and Monetary Relief Alleged false and unsubstantiated
efficacy and safety claims for weight loss products, "Fat
Sponge in a Pill" and "Calotrol/MD", one, "Meta-Biological"
containing ephedra, and for a product for erectile dysfunction,
"Virile V" containing androgen and yohimbe. Order required
payment of $175,000 in consumer redress.
Seasilver USA, Inc.; Americaloe,
Inc.; Bela Berkes; Jason Berkes; Brett Rademacher, individually
and dba Netmark International and Netmark Pro; and David R.
Friedman, Civ. Action No. CV-S-03-0676-RLH-LRL, Complaint
for Injunctive and Other Equitable Relief (filed June 12,
2003) (D. Nev.) Alleged false and unsubstantiated disease
treatment and cure claims and weight loss claims for "Seasilver"
liquid supplement. Inventories of Seasilver seized by the
Food and Drug Administration.
Unither Pharma, Inc., and United
Therapeutics Corp., File No. 022 3036, (June 12,
2003) (Consent Agreement subject to final approval of the
Commission following public comment period) Alleged deceptive
claims that "HeartBar," a food bar containing the amino acid
L-Arginine, is effective against cardiovascular diseases.
Kevin Trudeau; Robert Barefoot,
Shop America (USA), LLC, and Deonna Enterprises, Inc.
Civ. Action No. 03 C 904 (June 9, 2003) (N.D. Ill.) (Complaint
for Permanent Injunction and Other Equitable Relief) Alleged
false and unsubstantiated claims that Coral Calcium Supreme
can treat or cure cancer and other diseases, such as multiple
sclerosis and heart disease, and is superior to other calcium
supplements.
Kevin Trudeau, Civ. Action
No. 98 C 0168 (June 9, 2003) (N.D. Ill.) (Contempt Action
for Monetary Relief and Other Injunctive Relief) Alleged violation
of 1998 FTC order (X980014) prohibiting unsubstantiated claims
about the benefits, performance, or efficacy of any product.
Order violations alleged involve claims for Coral Calcium
Supreme and Biotape.
A. Glenn Braswell; JOL Management
Co.; G.B. Data Systems, Inc., Gero Vita International, Inc.,
Theraceuticals, Inc.; and Ron Tepper; Civ. Action
No. CV 03-3700 DT (PJWx) (C.D. Cal.) (filed May 27, 2003)(Complaint
for Permanent Injunction and Other Equitable Relief) Alleged
false and unsubstantiated advertising claims for numerous
dietary supplements marketed under the Gero Vita and Theraceuticals
brand names.
ValueVision International, Inc.,
Civ. Action No. 03-2890 District of Minnesota (entered April
17, 2003)(Consent Decree and $215,000 Civil Penalty) (Agreement
settles charges that company violated a previous 2001 FTC
order [C-4022] by making unsubstantiated health claims for
Physician's RX, a dietary supplement containing a variety
of vitamins, minerals, and antioxidants. In addition to paying
the civil penalty, ValueVision will be enjoined from violating
the FTC order.)
Snore Formula, Inc., et al.,
File No. 022 3247 (April 15, 2003) (Consent agreement pending
final approval following public comment period) Alleged unsubstantiated
claims that "Dr. Harris' Original Snore Formula" herbal supplement
tablets were effective in preventing sleep apnea in adults
and children and significantly reduced snoring. Alleged failure
to disclose material information, specifically, the importance
of seeing a physician for people with symptoms of sleep apnea
because the condition may be fatal.
Rexall Sundown, Inc.,
Civ. Action No. 00-7016-CIV-Martinez, (S.D. Fla.) Stipulated
Final Order for Permanent Injunction and Settlement of Claims
for Monetary Relief (March 31, 2003) Alleged false and unsubstantiated
claims that its dietary supplement, Cellasene™, would reduce
or eliminate cellulite.
Slim Down Solution, LLC, et al.,
and Maderia Management, Inc., et al., Civ. Action
No. 03-80051-CIV-PAINE (S.D. Fla.), Complaint for Permanent
Injunction and Other Equitable Relief and Stipulated Order
for Preliminary Injunction (01/21/03) Alleged false and unsubstantiated
claims for a purported weight-loss product containing D-glucosamine.
Dr. Clark Research Association,
et al., d/b/a Dr. Clark Zentrum, Civ. Action No.
l:03CV0054, (N.D.Ohio) Complaint for Permanent Injunction
and Other Equitable Relief (filed 01/08/03)Alleged unsubstantiated
AIDS, terminal cancer, and other disease cure claims for dietary
supplements and devices.
J. Michael Ernest, Ph.D.,
Civil Action No. 03-437RSWL(SHSx), U.S. District Court, Central
District of California, Western Division (Compliant for Permanent
Injunction and Other Equitable Relief and Stipulated Final
Order for Permanent Injunction and Settlement of Claims for
Monetary Relief)(Entered January 17, 2003)Respondent is the
developer of "The Isis System" breast enhancement dietary
supplement and topical cream marketed by Vital Dynamics, Inc.,
(see below) Complaint alleges unsubstantiated safety and efficacy
claims in Ernest's endorsements of The Isis System in advertisements.
Vital Dynamics, Inc., d/b/a ISIS,
et al., Civ. Action No. 029816fmc(rnbx), U.S. District
Court Central District of California, Western Division. (Complaint
for Permanent Injunction and Other Equitable Relief, and Stipulated
Final Order for Permanent Injunction and Settlement of Claims
for Monetary Relief filed December 26, 2002) Alleged unsubstantiated
safety and efficacy claims for "The Isis System" breast enhancement
dietary supplement and topical cream and alleged false claims
of no reported side effects and that full refunds could easily
be obtained by dissatisfied customers. Individual respondents
required by the settlement to pay a total of $50,000 in redress.
Mark Nutritionals, Inc., Harry
Siskind, and Edward G. D'Alessandro, Jr., Civ. Action
No. SA02CA1151EP, U.S. District Court, Western District of
Texas, San Antonio Division, (Complaint for Permanent Injunction
and Other Equitable Relief and Stipulated Order for Preliminary
Injunction Between Mark Nutritionals, Inc., and FTC filed
December 5, 2002)(Stipulated Order for Preliminary Injunction
with asset freezes entered against individual respondents
on December 23, 2002) Alleged false and unsubstantiated claims
for "Body Solutions Evening Weight Loss Formula" in English
and Spanish radio ads and website.
Dr. Robert M. Currier,
File No. C-4067 (December 13, 2002) Consent Order. Alleged
false or unsubstantiated claims in infomercials for a purported
anti-snoring product, SNORenz.(See also FTC actions against
Med Gen, Inc., and Tru-Vantage International, LLC)
David L. Walker, dba DLW Consulting,
Inc., File No. X020041, Civ. Action No. C02-5169
RJB, (filed October 28, 2002) U.S. District Court for the
Western District of Washington at Seattle, Stipulated Final
Judgment and Order, (Complaint alleging unsubstantiated claims
on web site and in seminars regarding the efficacy of Walker's
purported cancer cure, the "CWAT - Treatment: BioResonance
Therapy and Molecular Enhancer." was filed in March, 2002.)
No. 9068-8425 Quebec, Inc. a/b/a
Bio Lab, Cellu-Fight, and Quick Slim, and Jean-Francois Brochu,
Civ. Action No. 1:02:CV-1128, U.S. District Court, Northern
District of NY (September 3, 2002)(Complaint for Permanent
Injunction and Other Equitable Relief) Alleged false weight-loss
and cellulite-treatment claims by Canadian company marketing
dietary supplements to U.S. consumers using mainstream U.S.
media.
Enforma Natural Products, Inc.
and Twenty-Four Seven(24/7) et al., Civ. Action No.
CV-00-04376-JSL (CWx)Civil Contempt action seeking Temporary
Restraining Order and Preliminary Injunction and redress or
disgorgement (Filed 07/23/02)(U.S. District Court for the
Central District of California)Defendants allegedly violated
a May 2000 order prohibiting unsubstantiated claims for weight
loss products. The products involved in this action are Chitozyme
and Acceleron, advertised in infomercials and on the Internet
Interstate Bakeries Corp.,
File No. 012 3182 (March 6, 2002) Consent Agreement subject
to final FTC approval following public comment period. Alleged
unsubstantiated claims that its Wonder Bread containing added
calcium could improve children's brain function and memory.
Campbell Mithun LLC (Advertising
agency for Interstate Bakeries Corp.[IBC]), File
No. 012 3182 (March 6, 2002) Consent Agreement subject to
final FTC approval following public comment period. Alleged
unsubstantiated claims in advertisements developed for IBC
that Wonder Bread containing added calcium could improve children's
brain function and memory.
Kris A. Pletschke, d/b/a Raw Health,
File No. C-4040, (February 22, 2002) Consent Order. (Alleged
unsubstantiated claims on "rawhealth.net" web site that its
colloidal silver product could treat or cure 650 different
diseases, eliminate all pathogens in the body , and was medically
proven to kill every destructive bacterial, viral, or fungal
organism in the body, including anthrax, Ebola, and flesh-eating
bacteria. Consumer refunds must be offered under terms of
the order.)
TechnoBrands, Inc., et al.,
File No. 992 3034 (February 19,2002) Consent Agreement subject
to final FTC approval following public comment period. Alleged
false and unsubstantiated claims concerning weight-loss products,
pain-relief magnets, air cleaners, and hair-growth stimulants.
($200,000 in consumer redress required by the Consent Agreement)
In a separate action, filed in federal district court, TechnoBrands
agreed to pay more than $200,000 in consumer redress for its
role in the deceptive telemarketing of a buyer's club service
after completing the sale of its own products. (Stipulated
Final Order for Permanent Injunction and Settlement of Claims
for Monetary Relief, Civ. Action No.: 3:02-CV-86, Eastern
District of Virginia, Richmond)
Natural Organics, Inc.,
et al. D. 9294 (September 6, 2001)(Consent Order)(Alleged
unsubstantiated claims that company's dietary supplement,
"Pedi-Active A.D.D.," treats or mitigates Attention Deficit
Hyperactivity Disorder and improves attention span and scholastic
performance of children who have difficulty focusing on their
schoolwork.)
ValueVision International, Inc.,
File No. C-4022 (August 22, 2001)(Consent Order)(Complaint
alleges that the company, a "home shopping" network, made
unsubstantiated claims for a variety of weight loss, cellulite
treatment, and anti-hair loss products on television and over
the Internet. Order requires ValueVision to offer credit or
refunds to purchasers of the covered products.)
Liverite Products, Inc., et al.,
Civil Action No.: SA 01-778 AHS (ANx)(August 20, 2001) (Complaint
and proposed Stipulated Final Order filed in U.S. District
Court for the Central District of California, Southern Division)(Alleged
unsubstantiated claims on Internet, radio, and print ads about
the ability of "Liverite" dietary supplement products to treat
or prevent a wide range of liver diseases or disorders, including
cirrhosis and hepatitis. ($60,000 in redress required)
Panda Herbal International, Inc.,
et al, File No. C-4018(Consent Order)(July 30, 2001)(Alleged
unsubstantiated efficacy claims for "Herbal Outlook," a dietary
supplement containing St. John's Wort, and for "HerbVeil 8,"
a topical ointment; alleged false claim that Herbal Outlook
has no known contraindications or drug interactions. Order
requires Panda to pay full refunds upon request to consumers
who purchased HerbalVeil 8 during a specified time period.)
ForMor, Inc., et al.,
File No. C-4021 (Consent Order)(July 30, 2001)(Alleged false
and unsubstantiated safety and efficacy claims for dietary
supplement products containing St. John's Wort, colloidal
silver, and shark cartilage. Order requires ForMor to pay
refunds upon request to consumers who purchased colloidal
silver and "Ultimate II Shark Cartilage Concentrate" during
a specified time period.)
MaxCell BioScience, Inc., et al.,
doing business as Oasis Wellness Network, File No.
C-4017 (Consent Order)(July 30, 2001)(Alleged false and unsubstantiated
anti-aging claims for "Longevity Signal Formula," a dietary
supplement product containing the hormone DHEA, and for an
at-home urine test, "Anabolic/Catabolic Index™²," to gauge
overall health and youthfulness. Order requires payment of
$150,000 in consumer redress.)
Robert C. and Lisa M. Spencer,
doing business as Aaron Company, File No. C-4019
(Consent Order)(July 30, 2001)(Alleged false and unsubstantiated
safety and efficacy claims for dietary supplement products,
Colloidal Silver, and Chitosan with Vitamin C; and unsubstantiated
claims that "Ultimate Energizer," a product containing ephedra
(ma huang), is safe and has no side effects. Order requires
warning labels on products containing ephedra sold by respondents
in the future.)
Michael Forrest, doing business
as Jaguar Enterprises of Santa Ana, also known as Jaguar Enterprises,
File No. C-4020 (Consent Order)(July 30, 2001)(Alleged unsubstantiated
claims that their electronic therapy devices known as, among
others, the "Black Box," Magnetic Pulser," "Beck-Rife unit,"
and "Portable Rife Frequency Generator," would cure or prevent
cancer and other serious diseases; and false and unsubstantiated
efficacy and safety claims for "Miracle Herbs," an herbal
product promoted as a treatment for all types of cancer, AIDS,
bacterial and viral infections. Order requires respondent
to offer refunds to purchasers of the challenged products.)
Western Botanicals, Inc., et al.,
Civ. Action No. CIV.S-01-1332 DFL GGH, (July 13, 2001)(Complaint
and Stipulated Final Order)(Alleged unsubstantiated claims
that dietary supplement products containing comfrey were beneficial
in the treatment of a variety of serious diseases and health
conditions and false claims that the products were safe. A
judgment of $50,800 was suspended, but could be reinstated
if the court finds defendants made misrepresentations or omissions
on their financial statements)
Christopher Enterprises, Inc.,
et al., Civ. Action No. 2:01 CV-0505 ST, District
of Utah, Central Division(Stipulated Final Order for Permanent
Injunction and Settlement of Claims for Monetary Relief filed
November 29, 2001) The order would prohibit the defendants
from marketing any comfrey product for ingestion, for use
as a suppository, or for external use on open wounds, unless
they have evidence that the product is free of pyrrolizidine
alkaloids and that it is safe. The defendants would also be
required to place a warning disclosure in any ad, promotional
material or product label for any confrey products intended
for topical use. The specific claims challenged in the complaint
would also be prohibited by the order. (Complaint for Permanent
Injunction and Other Equitable Relief and Stipulated Order
for Preliminary Injunction filed July 3, 2001)(Alleged false
safety claims and unsubstantiated efficacy claims for products
containing the herbal ingredient comfrey.)
Streamline International, Inc.,
et al., Civil Action No. 01-6885-CIV-Ferguson (Complaint
filed in U.S. District Court for the Southern District of
Florida)(June 20, 2001) (Alleged false and deceptive earnings
claims by operators of fraudulent business opportunity pyramid
marketing scheme purportedly distributing a line of dietary
supplements and health-care products. Complaint also alleges
false and misleading claims that the company sells only dietary
supplement products containing ingredients that appear on
the FDA's list of ingredients generally recognized as safe.
In fact, a number of products contain the herbal ingredient
comfrey, which is not on that list and is known to pose a
significant risk to humans, including liver damage, when used
internally or externally on open wounds.
Western Dietary Products Co., et
al. Civ. Action No. CO1-0818R, (U.S. District Court
for the Western District of Washington, in Seattle)(Stipulated
Final Judgment and Order filed with the court on December
26, 2001)(Complaint filed June 4, 2001, alleged unsubstantiated
claims that their products, "Black Walnut Tincture," "Wormwood
Tincture," and "Cloves Tincture," and an electrical unit called
the "Zapper," were effective in the treatment and cure of
cancer, Alzheimer's, diabetes, arthritis, and HIV/AIDS; and
that their herbal products would make surgery and chemotherapy
unnecessary for persons with cancer.)
Med Gen, Inc., et al,
File No. C-4053, (Consent Order)(July 12, 2002)(Alleged unsubstantiated
claims that its "Snorenz" throat spray is an effective treatment
for snoring as well as sleep apnea.)
Tru-Vantage International,
File No. 002 3210, (Consent agreement subject to final Commission
approval following public comment period)(March 29, 2001)(Alleged
unsubstantiated efficacy claims in infomercials it produced
for Med Gen Inc.'s "Snorenz" throat spray.)
Weider Nutrition International,
Inc. (File No. C-3983)(Consent Order)(November 15,
2000)(Alleged unsubstantiated efficacy and safety claims in
ads for weight loss dietary supplement products called "PhenCal"
and "PhenCal 106." $400,000 in consumer redress required by
the consent order.)
Garvey, Steven Patrick; Garvey
Management Group, Inc.; Lark Kendall; Mark Levine; David Richmond;
and Modern Interactive Technology, Inc., (Civ. Action
No. 00-09358-AHM (AIJx)) (August 31, 2000-Complaint for Permanent
Injunction and Other Equitable Relief)(November 15, 2000-Stipulated
Final Order and Settlement of Claims for Monetary Relief as
to Defendant Lark Kendall a/k/a Kendall Carson). On (08/31/01,
court granted summary judgment in favor of Modern Interactive
and its principals, dismissing the case against them.) (Summary
judgment was denied with respect to the Garvey defendants,
however, and the case went to trial. After a trial on the
merits, the court ruled in Garvey's favor. On 01/23/03, FTC
filed its notice of appeal)(Civ. No. CV 00-9358-GAF) Complaint
alleged deceptive weight-loss claims made by Garvey and Kendall,
appearing as co-hosts in infomercials for Enforma Natural
Products [see April 25, 2000, complaint and order against
Enforma]. Levine, Richmond and Modern Interactive Technology
were allegedly instrumental in creating and producing the
deceptive Enforma infomercials. Settlement as to Kendall requires
that she assign to the FTC for consumer redress, her right
to collect money she is owned for her appearance in the first
Enforma infomercial.
Lane Labs-USA, et al.
(Civ. Action No. CV-00-3174(WGB),U.S. District Court, District
of New Jersey)(Stipulated Final Order for Permanent Injunction
as to Cartilage Consultants, Inc., and I. William Lane entered
July 6, 2000)(Stipulated Final Order for Permanent Injunction
and Settlement of Claims for Monetary Relief as to Lane Labs-USA,
Inc., and Andrew J. Lane)(Entered by the court on September
26, 2000)($1 Million judgement: $550,000 for redress or disgorgement;
and the remaining $450,000 to be used to pay for shark cartilage
and a placebo in a clinical study of shark cartilage sponsored
by the National Cancer Institute and Lane Labs.)(Alleged unsubstantiated
claims about the efficacy of "BeneFin," a shark cartilage
product, and "SkinAnswer," a skin cream, in the prevention,
treatment and cure of cancer. Lane Labs was the manufacturer
and distributor of these products.)
Cartilage Consultants, Inc., et
al., (Civ. Action No. CV-00-3174(WGB),U.S. District
Court, District of New Jersey)(Entered by the court on July
6, 2000)(Stipulated Final Order for Permanent Injunction)(Complaint
alleged that working in conjunction with Lane Labs-USA, Cartilage
Consultants, Inc., supplied consumers with information on
how to use BeneFin and SkinAnswer to treat cancer)
QVC, Inc., File No. C-3955(June
14, 2000)(Consent order)(Unsubstantiated claims on its "home
shopping" network that Cold-Eezer or Cold-Eeze brand zinc
lozenges can prevent colds and alleviate allergy symptoms.)
Michael D. Miller, d/b/a Natural
Heritage Enterprises, File No. C-3941 (May 16, 2000)(Consent
Order and $17,500 in consumer redress)(Alleged unsubstantiated
claims on Internet sites that Essiac Tea is effective in curing
a number of diseases, such as cancer, diabetes, AIDS/HIV and
feline leukemia.)
CMO Distribution Centers of America,
File No. C-3942 (May 16, 2000)(Consent order; company must
offer refunds to consumers who purchased the product for personal
use or that of their families.) (Alleged unsubstantiated claims
that CMO™ (cetylmyristoleate) capsules would regulate and
normalize the immune system, cure arthritis and reverse the
effects of the disease, and be effective in treating other
conditions such as asthma and cancer. Complaint also alleged
that certain claims about scientific studies were false.)
EHP Products, File No.
C-3940 (May 16, 2000)(Consent order; company must offer refunds
to consumers who purchased the product for personal use or
that of their families.)(Alleged unsubstantiated efficacy
claims for its CMO product, Myristin®, including claims
that the product provides long term relief from arthritis
symptoms and may prevent rheumatoid arthritis and osteoarthritis,
and misrepresentations that scientific studies or the issuance
of patents prove the effectiveness of Myristin®.)
Efamol Nutraceuticals, Inc.,
File No. C-3958 (June 22, 2000) (Consent Order)(Alleged unsubstantiated
efficacy claims for the products Efalex and Efalex Focus,
marketed and sold by the company for the mitigation or cure
of the effects of Attention Deficit Disorder(ADD) or Attention
Deficit Hyperactivity Disorder(ADHD)
J & R Research, Inc.,
File No. C-3961(July 19, 2000)(Consent Order)(Alleged unsubstantiated
efficacy claims for the product Pycnogenol, marketed and sold
by the company for the mitigation or cure of the effects of
Attention Deficit Disorder(ADD) or Attention Deficit Hyperactivity
Disorder(ADHD)
Rose Creek Health Products, Inc.,
File No. CS-99-0063-EFS,(May 4, 2000) (Consent decree issued
in settlement of Complaint for Permanent Injunction and Other
Equitable Relief filed March 1999 in U.S. District Court for
the Eastern District of Washington; $375,000 in consumer redress.)(False
and unsubstantiated health claims in advertisements for a
nutritional supplement called "Vitamin O")
Enforma Natural Products, Inc.,
et al., Civ. Action No.: 04376JSL(CWx), U.S. District
Court, Central District of California, (filed April 25, 2000)
Complaint and Stipulated Final Order filed with the court;
$10 million in consumer redress ordered.( False and unsubstantiated
weight loss claims alleged for "Fat Trapper" and "Exercise
in a Bottle" containing the dietary supplements chitosan and
pyruvate, respectively)
The Quigley Corp., (File
No. C-3926)(February 10, 2000)(Consent order)(Allegedly unsubstantiated
claims by Quigley that Cold-Eezer and Cold-Eeze brand zinc
lozenges that it manufactures can prevent colds and alleviate
allergy symptoms and that Kids-Eeze Bubble-Gum can reduce
the severity of cold symptoms in children.)
AST Nutritional Concepts and Research,
Inc., et al. (Civ. No. 99-WY-2197, U.S. District
Court for the District of Colorado)(May 4, 2000)(Permanent
Injunction)(Alleged unsubstantiated safety claims made for
purported body-building supplements that contain androstenedione,
"androgen," and other steroid hormones, and in some cases,
stimulants.
Met-RX USA, Inc., et al.,
(Civ. No. SACV99-1407 DOC(ANX), U.S. District Court for the
Central District of California)(Nov. 24, 1999)(Stipulated
Final Order For Permanent Injunction and Other Equitable Relief)Unsubstantiated
safety claims made for purported body-building supplements
that contain androstenedione,"androgen," and other steriod
hormones, and in some cases, stimulants.
Arthritis Pain Care Center (APCC),
et al., File No. C-3896 (September7, 1999)(Consent
order)(unsubstantiated health benefit claims regarding dietary
supplements and false claims regarding scientific studies)
Body Systems Technology, Inc. (BST),
File No. C-3895 (September7, 1999)(Consent order; company
must offer refunds to purchasers)(unsubstantiated health benefit
claims for shark cartilage capsules and products containing
Cat's Claw)
SlimAmerica, Inc., FTC v.,
No. 97-6072-Civ-Ferguson(S.D. Fla. June 30,1999) (Final Judgment
for Permanent Injunction and Damages; $8,374,586 in redress)
(Deceptive claims that "Super-Formula" diet product can "blast"
up to 49 pounds off user in only 29 days, "obliterate" 5 inches
from waistlines, and "zap" 3 inches from thighs, without dieting
or exercising)
American Urological Corp., et al.,
FTC vs., No. 1:98-CV-2199(JOF) (N.D. Ga. April 29,1999)
(Final Order for Permanent Injunction and Settlement of Claims)
(Settlement of complaint filed Aug. 3, 1998, alleging false
and unsubstantiated claims for various supplement products,
including "Vaegra" to treat impotence)
Home Shopping Network,
Civil Action No. 99-897-CIV-T-25C (April 15, 1999) (Consent
Decree; $1.1 million civil penalty) (Allegations that claims
made in ads for skin care, weight-loss and PMS/menopause products
were unsubstantiated and violated a 1995 FTC order against
the company.)
New Vision International, Inc.,
et al., File No. C-3856(March 3, 1999)(consent order)
(unsubstantiated claims that dietary supplements called "God's
Recipe" would cure ADD/ADHD)
Max F. James, File No.
C-3857(March 3, 1999) (consent order) (unsubstantiated claims
for "God's Recipe" by James, a high level distributor of the
product; see New Vision International, Inc.)
Bogdana Corp., File No.
C-3820 (July 28, 1998) (consent order) (Cholestaway calcium
carbonate supplement to lower cholesterol, blood pressure,
cause weight loss, treat heart disease; FloraSource powdered
bacteria in rice starch to reduce risk of and treat chronic
fatigue syndrome, AIDS and other diseases, advertised in infomercials)
Western Direct Marketing Group,
Inc., C-3821 (July 28, 1998) (consent order) (ad
agency for Bogdana Corp.)
Nutrivida, Inc., File No.
C-3826 (September 10, 1998) (consent)(unsubstantiated health
claims in Spanish-language infomercials for "Cartilet," a
dietary supplement comprised of shark cartilage)
Herbal Worldwide Holdings, Inc.,
File No. C-3827 (September 16, 1998) (consent order)(unsubstantiated
weight loss claims for "Fattache," a purported dietary product,
in advertisements run on Spanish-language television stations)
TrendMark International, Inc.,
File No. C-3829 (September 23, 1998) (consent order)(unsubstantiated
claims for "THIN-THIN" diet program, consisting of Neuro-Thin
weight loss supplement made primarily of amino acids and Lipo-Thin
weight loss product made of "chitin," a natural fiber made
from the ground-up hydrolyzed exoskeletons of shellfish)
Venegas Inc., C-3781 (Jan.
23, 1998) (consent) (health claims for dietary supplement
Alen, including delaying aging process, eliminating anemia,
controling addiction to excess fats and sweets, and helping
diabetics to naturally produce insulin - Spanish language)
Mega Systems International, Inc.,
File No.C-3811 (June 8, 1998) (consent order and $500,000
in consumer redress) (Eden's Secret Nature's Purifying Product
to clean and purify body's blood supply and to cure PMS and
other illnesses, and to cause significant weight loss, advertised
in infomercials) ANDCiv. Action No. 98C 8009 (Dec. 15, 1998)
(Complaint for Injunctive and Other Relief filed in U.S. District
Court for failure to pay $500,000 in consumer redress)(Jan.
4, 2002)(Commission authorized filing of a stipulated judgment
in a bankruptcy court action to resolve the Complaint for
Injunctive and Other Relief. Under terms of the settlement,
the FTC will receive $30,000 now and share in any distribution
of assets at the conclusion of the bankruptcy case.
Metagenics, Inc., D. 9267
(Oct. 23, 1997) (consent) (OTC calcium supplement to restore
lost bone, eliminate pain)
Global World Media Corp.,
C-3772 (Oct. 9, 1997) (consent) (explicit safety and no side
effects claims for Ecstacy supplement advertised to produce
a natural "high," in media with large youth audiences, and
without disclosing health and safety risks)
Kave Elahie/M.E.K. International,
C-3770 (Sept. 19, 1997) (consent) (NutraTrim Bio-Active Cellulite
Control Cream and Weight Loss Tablets with aminophylline -
Spanish language)
Rogerio Monteiro and Eliana Crema
(Leeka Products), C-3767 (Sept. 12, 1997) (consent)
(Super Formula Reductora supplement with chromium picolinate
for weight control by regulating metabolism, reducing appetite,
burning or dissolving fat - Spanish language)
Efficient Labs, Inc.,
C-3768 (Sept. 12, 1997) (consent) (Venoflash dietary supplement
with vitamins and plant derivatives to remove dangerous clogs
in circulatory system and treat symptoms of varicose veins
and hemorrhoids - Spanish language)
Nu Skin International, Inc., United
States v., No. 2:97-CV-0626G (D. Utah Aug. 6, 1997)
(stipulated permanent injunction and $1.5 million civil penalty
for violation of 1994 order) (fat loss, muscle maintenance,
and other claims for dietary supplements, Metabotrim, OverDrive,
GlycoBar, Appeal Lite, and Breakbar, containing chromium picolinate
and L-carnitine)
Nutrition 21, C-3758 (Jul.
11, 1997) (consent) (weight loss and health benefit claims
for chromium picolinate)
Mountain Springs L.L.C., FTC v.,
97-4649 SVW (C.D.Cal. Jun. 25, 1997) (stipulated permanent
injunction) (Manaxx Una de Gato (cat's claw) for treatment
or prevention of various diseases by strengthening the immune
system; effectively treats inflammation; reduces the abnormal
irritation of body tissue; cures acne; and is void of any
toxic effects -Spanish language)
Amerfit, Inc., C-3747
(Jun. 16, 1997) (consent and $100,000 in disgorgement) (Fat
Burners System for weight loss, with tablet and drink)
KCD Inc., C-3752 (Jun.
16, 1997) (consent and $150,000 in consumer redress) (SeQuester
OTC cellulose-bile weight loss product)
Interactive Medical Technologies,
Ltd./Effective Health, Inc., C-3751; William Pelzer,
Jr., C-3750; and William E. Shell, M.D., C-3749 (Jun. 16,
1997) (consents and $55,000 in consumer redress) (Lipotrol
cellulose-bile weight loss product and SeQuester)
Dean Distributors, Inc.,
C-3755 (Jun. 16, 1997) (consent) (Food for Life Weight Management
System and Cambridge Diet low calorie and very low calorie
weight loss programs, with formula drinks)
Abbott Laboratories, C-3745
(May 30, 1997) (consent) (many doctors recommend Ensure nutritional
beverages as a meal supplement and replacement for healthy
adults)
Universal Merchants, Inc.,
C-3707 (Jan. 23, 1997) (consent) (weight loss and health benefit
claims for chromium picolinate)
Victoria Bie/Body Gold,
C-3708 (Jan. 22, 1997) (consent) (weight loss and health benefit
claims for chromium picolinate)
Zygon International, Inc.,
C-3686 (Sept.24,1996) (consent and up to $195,000 in consumer
redress for all products) (SuperBrain Nutrient Program to
improve intelligence and memory, and to enhance the intelligence
of the children of pregnant women; Fat Burner pills for weight
loss; and Day and Night Eyes pills to improve day vision and
night blindness, among others)
Home Shopping Network, Inc.,
D. 9272 (Sept. 26,1996) (consent) (health-related claims for
three vitamin sprays, including prevention of the common cold
and reduction of the risk of infectious diseases; and efficacy
claims for a stop-smoking spray, including elimination of
the anxiety and weight gain associated with quitting smoking
- advertised on Home Shopping Network)
Third Option Laboratories, Inc.,
C-3628 (Nov. 29, 1995) (consent and $480,000 in consumer redress)
(Jogging in a Jug apple juice, grape juice, and vinegar beverage
for heart disease, arthritis, dysentery, constipation, lowering
serum cholesterol and triglycerides, cancer, leukemia, viral
disease, blood sugar levels, and other ailments)
National Dietary Research, Inc.,
D. 9263 (Nov. 7, 1995) (consent and $100,000 in disgorgement)
(Food Source 1 weight loss product and Vancol 5000 cholesterol
reducing product)
Live-Lee Productions, Inc./Ruta
Lee, C-3620 (Oct. 10, 1995) (consent) (health related
claims made by television personality Ruta Lee on Home Shopping
Network for three vitamin sprays and a stop-smoking spray)
(See Home Shopping Network)
Body Wise International, Inc.,
C-3617 (Sept. 25, 1995) (consent) (dietary supplements for
weight loss and cholesterol reduction; failure to disclose
that healthcare professionals and others who gave testimonials
for the products had a financial interest in promoting them)
Nature's Bounty, Inc.,
C-3593 (Jul. 21, 1995) (consent and $250,000 in consumer redress)
(health related claims for 26 nutrient supplements, including
Sleeper's Diet for weight loss during sleep; L'Arginine and
L-Ornithine to increase muscle mass while decreasing body
fat; L-Cysteine to promote hair growth; Octacosanol to improve
reaction time, reduce cholesterol levels, and strengthen muscles;
New Zealand Green Lipped Mussel Extract to prevent arthritis
and relieve its symptoms; Eye-Vites to reduce the risk of
developing cataracts; and Ginsana to improve physical endurance
and mental alertness)
Taleigh Corp.(Choice Diet Products,
Inc.), 119 F.T.C. 835 (1995) (consent agreement,
with the requirement that the owner post a $300,000 performance
bond to be used for consumer redress should he engage in deceptive
practices when marketing weight loss or stop-smoking products
in the future) (FormulaTrim 3000, MegaLoss 1000, and MiracleTrim
pills for weight loss without diet or exercise, and without
nervous jitters, insomnia, or any other side effects; deceptive
consumer endorsements and failure to disclose that certain
consumer endorsers had been compensated)
HealthComm Inc., United States
v., No. C95-5024 RJB (W.D. Wash. Jan. 19, 1995) stipulated
permanent injunction and $45,000 civil penalty for violation
of Nu-Day order, below) (Nu-Day Meal Replacement Formula,
UltraMeal, and other weight-loss products and programs; and
UltraClear and UltraClear Sustain nutritional supplements
for "metabolic clearing" and nutritional support of persons
suffering from various ailments)
Bee-Sweet, Inc., 119 F.T.C.
57 (1995) (consent) (bee pollen products for anemia, back
pain, allergies, arthritis, fatigue, and other ailments)
RN Nutrition, 119 F.T.C.
25 (1995) (consent) (BoneRestore calcium product to build
bone better than estrogen, slow or stop bone loss, prevent
and heal osteoporosis, and restore lost bone)
Schering Corp., 118 F.T.C.
1030 (1994) (consent) (weight loss claims for Fibre Trim supplement,
as well as claims that the product provides the health benefits
associated with a fiber-rich diet)
L&S Research Corp.,
118 F.T.C. 896 (1994) (consent and $1.45 million in disgorgement)
(Cybergenics Total Body Building System and Cybergenics for
HardGainers for more muscle mass and to lose body fat rapidly;
and Cybertrim, QuickTrim, and Mega-Fat Burner Tablet for weight
loss)
Redhead, FTC v., No. 93-1232-JO
(D. Ore. Sept. 9,1994) (stipulated permanent injunction against
defendants Demlow, Danek, Lifeline, Inc.) (Imuno-Plex algae-based
supplement to cure or treat HIV disease, AIDS, and AIDS related
complex)
Redhead, FTC v., No. 93-1232-JO
(D. Ore. Jun. 20,1994) (stipulated permanent injunction against
defendants Redhead and Magno and $9,430 in consumer redress)
(Imuno-Plex algae-based food supplement to cure or treat HIV
disease, AIDS, and AIDS related complex)
General Nutrition, Inc., United
States v., No. 94-686 (W.D. Pa. Apr. 28, 1994) (permanent
injunction and $2.4 million civil penalty for violation of
1970 and 1989 orders) (Protabalase ME, Cybergenics Phase I,
Hot Stuff, and others for faster muscle development, improvement
of endurance, strength, and stamina; New Zealand Green Lipped
Mussel Extract to cure, treat, prevent, or reduce the risk
of developing any disease; Quick Shot Energy Pak and other
vitamins to prevent, relieve, or treat listlessness; Fat Burners
and other weight control and appetite suppressant products)
Nutrition Research & Marketing,
Inc., FTC v., No. 93-2031-PHX-RCB (D. Ariz. Oct.
21, 1993) (stipulated permanent injunction and $225,000 in
consumer redress) (HFH-3X diet pill to promote weight loss
by stimulating user's metabolism; deceptive consumer testimonials)
Nature's Cleanser, Inc.,
116 F.T.C. 718 (1993) (consent) (Lady's Comfort herbal remedy
to relieve menstrual pain, discomfort in menopause; and Nature's
Cleanser herbal remedy for weight loss and weight control)
Sharper Image Corp., 116
F.T.C. 606 (1993) (consent) (Essential Factors with Oxy-Energizer
nutritional supplement for fatigue and extra energy)
CC Pollen Co., 116 F.T.C.
206 (1993) (consent and $200,000 in disgorgement) (bee pollen
to help lose weight, alleviate allergy symptoms permanently,
and reverse the aging process, and other health benefit claims;
failure to disclose that the infomercial was a commercial,
not an objective news or documentary program)
The Winning Combination, Inc.,
115 F.T.C. 831 (1992) (consent) (Essential Factors with Oxy-Energizer
nutritional supplement for fatigue and extra energy)
Nu-Day Enterprises, Inc.,
115 F.T.C. 479 (1992) (consent and $30,000 in consumer redress)
(Nu-Day diet program with Nu-Day Meal Replacement Formula,
and Nu-Day Herbulk, a dietary fiber supplement, for weight
loss without exercising; failure to disclose that the infomercial
was a commercial, not an independent consumer news program)
Amerdream Corp., FTC v.,
No. 91-0505 PHX RCB (D. Ariz. Nov. 5, 1991) (permanent injunctions
and $50,000 in consumer redress) (Ultimate Solution Diet Program
and Night-Trim Diet Tablets for significant weight loss and
for reducing cholesterol and blood pressure levels)
International White Cross, Inc.,
FTC v., No. C-91-0377-TEH (N.D. Cal. Oct. 21, 1991)
(stipulated permanent injunction) (Immune Plus nutritional
supplement to cure patients with AIDS or AIDS-related complex
or help them go into remission, eliminate or reduce AIDS or
ARC symptoms, and cause an individual who had tested HIV-positive
to become HIV-negative)
Miles, Inc., 114 F.T.C.
31 (1991) (consent) (One-A-Day multiple vitamins to renew
essential minerals lost due to strenuous exercise and stress;
and to protect lungs against adverse effects of air pollution)
Allied International Corp. (Fat
Magnet), FTC v., No. 90-0120 CBM (Kx) (C.D. Cal.
Nov. 14, 1990) (stipulated permanent injunction) (Fat Magnet
diet pills for weight loss without dieting or exercise)
American Life Nutrition, Inc.,
113 F.T.C. 906 (1990) (consent) (bee pollen, fish oil, royal
jelly, vitamin, oyster shell, and calcium food supplements
to prevent or treat diseases such as breast cancer, heart
disease, diabetes, rubella, arthritis, colds, tuberculosis,
asthma, kidney disease, high blood pressure, cerebral apoplexy,
low sex drive, among others)
TV Inc., 113 F.T.C. 677
(1990) (consent) (bee-pollen products to prevent, alleviate,
or cure allergy symptoms, the aging process, impotence and
sexual dysfunction; to promote weight loss; and to relieve
pain; failure to disclose that the infomercial was a commercial,
not an independent and objective television program)
Nature's Way Products, Inc.,
113 F.T.C. 293 (1990) (consent agreement and $30,000 to National
Institutes of Health for research in candidiasis) (Cantrol
capsules to control yeast infections; Cantrol's diagnostic
yeast test can demonstrate that a person is likely to have
a yeast infection)
General Nutrition, Inc.,
111 F.T.C. 387 (1989) (consent agreement and $600,000 in nutrition,
obesity, and physical fitness research) (dietary supplement
for reducing the risk of some forms of cancer; six food supplements,
including L-Arginine and L-Ornithine, to promote weight loss
and muscle growth or retard aging)
Kingsbridge Media & Marketing,
Inc., FTC v., No. CIV-88-0003 PHX EHC (D. Ariz. Jun.
8, 1988) (stipulated permanent injunction and $1.1 million
in consumer redress) (Dream Away weight reduction pills for
weight loss while sleeping and without dieting or exercising)
Great Earth International, Inc.,
110 F.T.C. 188 (1988) (consent) (Tri-Amino Plus P.M., L-Ornithine,
and L-Arginine, for weight reduction while sleeping, muscle
building, protection against mental and physical fatigue,
promotion of healing, and strengthening of the immune system)
Viobin Corp., 108 F.T.C.
385 (1986) (consent) (wheat germ oil to improve physical fitness
or performance)
Intra-Medic Formulations, Inc.,
FTC v., No. 85-2819-Civ-Nesbitt (S.D. Fla. Feb. 26,
1986) (permanent injunction) (weight control and baldness-cure
products)
Weider Health and Fitness, Inc.,
106 F.T.C. 584 (1985) (consent and $400,000 in consumer redress)
(Anabolic Mega-Pak and Dynamic Life Essence nutritional supplements
for rapid and substantial muscular development and strength)
P. Leiner Nutritional Products
Corp., 105 F.T.C. 291 (1985) (consent) (Octacol 4
wheat germ oil capsules to improve endurance, stamina, vigor,
and overall athletic performance or physical fitness)
PharmTech Research, Inc., FTC v.,
576 F. Supp. 294 (D.D.C. 1983) (preliminary injunction), 103
F.T.C. 448 (1984) (consent) (Daily Greens dehydrated vegetable
tablet for reducing the risk of some forms of cancer; claimed
support from National Academy of Sciences' report on diet
and cancer)
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