From the category archives:

FDA and Legal Fun

Pomegranate

You have to love a company that is not afraid to “stick it to the man!”  Pom Wonderful has brought a lawsuit against the FTC for raising the bar too high on what constitutes “competent and reliable scientific evidence”.  Pom Wonderful claims that the new standards by the FTC breach First and Fifth Amendment principles of free speech.  You go POM!

The Fine Line Between Speech and Speculation

The FTC has a right to protect consumers from misleading advertisements.  Companies have a right to speak.  It looks like these two rights are headed for the courtroom.  The FTC has always said that any health claims on a food product must be backed by “competent and reliable scientific evidence”. However, now they have said that the evidence MUST at minimum, include two adequate and well-controlled human clinical studies of the product.

The issue here is the “of the product” part.   So, let’s say a company like Pom Wonderful has positive human clinical studies on pomegranates – it can NOT discuss them.  The new provision says that studies would need to be on the product itself, POM Wonderful juice in this example.

I Want Some of What POM Wonderful Is Drinking

POM Wonderful is suing the FTC.  Pom sued Welch’s about claims they made with their Pomegranate juice.  POM won an injunction to suppress media reports of any FTC investigation into its company.  Clearly POM is not afraid of anyone and will do anything to protect its brand.  If that is what Pomegranate juice does for you – I want some of that!

POM Wonderful Sues the FTC Over New Claims Standards

Enhanced by Zemanta
Share and Enjoy:
  • E-mail this story to a friend!
  • TwitThis
  • Facebook
  • Digg
  • del.icio.us
  • StumbleUpon
  • NewsVine
  • Reddit
  • YahooMyWeb
  • Google Bookmarks
  • Yahoo! Buzz
  • Live
  • LinkedIn
  • Pownce
  • MySpace

Email This Post To A Friend!

{ 0 comments }

Acai BerryWell, it finally happened.  The FTC has finally taken action against Acai Berry companies that make bogus claims such as: endorsed by Oprah, lose 30 pounds in a month and receive a free trial!  In other news, pigs have started to fly!

FTC We Say Thank You and What Took You So Long?

For over 2 years we have been writing about Acai Berry Scams and begging the FTC to take action.  Everyday we hear from countless consumers who have fallen victim to these scams (take a look at all the comments on our Julia Milller Acai Berry Scam post).  Well, it took a while but the FTC has taken action.

“Too many ‘free’ offers come with strings attached,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. “In this case, the defendants promised buyers a ‘risk free’ trial and then illegally billed their credit cards again and again – and again. We estimate that about a million people have fallen victim to this scam. As if that weren’t enough, there were fake endorsements from celebrities like Oprah Winfrey and Rachael Ray for a product that didn’t work in the first place.”

- Federal Trade Commission (FTC) Press Release 8/16/2010

AcaiPure – We Couldn’t Be Happier to See You Go

The FTC named Central Coast Nutraceuticals, Inc. (CCN) and their products AcaiPure and ColoPure in the complaint.  The FTC has frozen the assets of CCN and basically put the company into receivership as the court actions move forward.  This is great news as we have received numerous complaints about the AcaiPure brand and the FTC believes they scammed consumers out of $30 million in 2009 alone.

Consumers Still Need to Be Aware, Other Sharks Are in the Water

Clearly removing AcaiPure and CCN from the marketplace is a major step in the right direction, but consumers still need to be careful.  There are still plenty of companies out there that are pulling various acai berry scams and resveratrol scams.   Our advice remains the same, avoid any “free trial” supplement deals – as they are never free.  If you want to try Acai, go with a 100% Organic and Freeze Dried Acai berry product like the Perfect Acai.

Share and Enjoy:
  • E-mail this story to a friend!
  • TwitThis
  • Facebook
  • Digg
  • del.icio.us
  • StumbleUpon
  • NewsVine
  • Reddit
  • YahooMyWeb
  • Google Bookmarks
  • Yahoo! Buzz
  • Live
  • LinkedIn
  • Pownce
  • MySpace

Email This Post To A Friend!

{ 1 comment }

I wonder if Attorney Generals from all the different states ever get together and swap stories?  If so, they could have a great time debating who has the biggest acai berry scams going on in their state.  We have already reported on the Attorney Generals in Florida, Texas, Illinois and Arizona taking action against acai companies that were deceiving the public – well you can now add Colorado to that list.

Same Acai Scam – Different State

I think we all know the game by now – consumer signs up for “free trial of Acai”, but then finds out they will be sent products each month and billed $80 a month.  Consumer tries to cancel, but gets the run around.  Here is the quote from the Colorado Attorney General John Suthers…

“The Office of the Attorney General learned through its investigation that Bezoni’s Arvada-based company, which has operated under the names Golf Nutrition Sciences and GNS, used so-called “free-to-pay conversion” marketing since 2005, which resulted in consumers unknowingly incurring ongoing payments for products that they initially believed were free. Consumers, according to court filings, signed up for free trials of products, such as Acai Berry Edge, Acai Berry Elite and Slim Seduction, and believed at the time they placed their order that they were authorizing only the shipping and handling charges for the free trial. When the free trial arrived, however, consumers also received a two-month supply of the product and were given a limited amount of time to return the product or face a nearly $80 charge within 30 days.”

- Attorney General announces Settlement with Arvada-based Nutra Pills, Inc.

Who Knew Giving Away Free Acai Could be Worth $40 Million a Year?

We are not surprised that companies will try to deceive consumers, what did surprise us was how successful they were!

The company generated $40 million in sales in 2009, nearly all of that was a direct result of its free-to-pay conversion sales.

This is just one company – doing over $40 Million a year in Acai sales with a “free trial” product.  There are many more companies, operating in different states (and outside the USA) who are bringing in much more per year.    Anyone who thinks this is not a major problem just needs to follow the money.

What is The Penalty for Deception?

First, Nutra Pills claims they did nothing wrong as part of the settlement.  Still, they have agreed to refund money to consumers who have filed a complaint since December 2006.  In addition, they have to pay a $100,000 fine – but half of that is suspended if they do not deceive anyone in the next 5 years.  To date the company has refunded $9 million dollars and ceased doing business.

So There You Have it – Crime Does Pay!

Let us first legally state something – Nutra Pills does not admit to any wrong doing as part of the settlement.  Nutra Pills reached a settlement with Colorado before a legal proceeding could determine if laws were broken.

So, you can draw your own conclusions if you think that Nutra Pills did anything wrong.   We would ask – why shut down a business that is doing $40 Million a year in sales if you did nothing wrong?  If you do believe they did something wrong, you have to ask if the punishment fits.  We say NO!

The company made $40 Million in 2009 alone.  So far, they have refunded $9 million and paid a $50,000 fine.  The penalty is just not strong enough to stop others from doing this same form of deception.  In fact, we would argue that this just gives acai scam companies a blue print of how to operate.  Make as much as you can – then settle and close shop when the Attorney General comes knocking.

Let us know what you think?

Additional Resources:

The Julia Miller Health News 5, News 6 or News 7 Acai Berry Scam Exposed

Click Here to Watch A Screen Capture Video Exposing These Julia Miller Acai Scam Health Sites.

Oprah and Illinois Attorney General File Suit Against Acai Scam Companies

Oprah Writes, then Throws Book At Acai Scammers

How I Lost $90 in 30 Days Using the Acai Berry

What Did Oprah and Dr Oz Really Say About Acai

Acai Berry Scams – How to Avoid Them

Acai Berry Maxx named Texas Lawsuit

Free Black Belt Course in Spotting Acai Berry Scams

How Do You Stop An Acai Berry Scammer From Scamming?


Share and Enjoy:
  • E-mail this story to a friend!
  • TwitThis
  • Facebook
  • Digg
  • del.icio.us
  • StumbleUpon
  • NewsVine
  • Reddit
  • YahooMyWeb
  • Google Bookmarks
  • Yahoo! Buzz
  • Live
  • LinkedIn
  • Pownce
  • MySpace

Email This Post To A Friend!

{ 1 comment }

Fish oil

We love fish oils.  Omega 3 fatty acids have some incredibly strong health benefits and we believe everyone can benefit from increasing their intake of Omega 3s.  So, it is very troubling to learn that a number of Omega 3 Fish Oil supplements have been found to have carcinogenic chemicals known as polychlorinated biphenyls, or PCBs.

PCBs, Fish Oil, California… Smells like a Lawsuit!

Yes, last week a lawsuit was filed in California Superior Court in San Francisco.  The lawsuit targets eight supplement manufacturers or distributors – CVS Pharmacy, Rite Aid, General Nutrition Corp., Solgar, Twinlab, Now Health, Omega Protein and Pharmavite – for alleged violations of California’s Proposition 65, which requires that consumers be warned about chemical exposures.

The plaintiffs claim that their initial testing found that levels of PCBs in supplements in popular fish oil products varied wildly, from about 12 nanograms per recommended dose in to more than 850 nanograms.   They claim that Proposition 65 requires disclosure of all non-zero PCB levels, so they are all in violation of the law.

Is this Really a Big Deal?

Yes – in a number of different ways!  First, Omega Protein – named in the lawsuit – is the world’s largest producer of fish oil, so this effects a huge amount of products.  Second, it really brings to the forefront one of the big secrets about the supplement industry – labels do not show exactly what is in the supplement!

You can make the argument that 12 nanograms of PCB is not harmful and the benefits of Omega 3s outweigh the dangers of 12 nanograms of PCB – but this misses the bigger point.  The issue is, should consumers know exactly what they are putting into their body. We firmly believe consumers should know exactly what is in their supplements and then they can make their own choices based on the facts.

Omega Protein Has Many Issues With the Lawsuit

Not surprisingly, Omega Protein disagrees with the allegations in the lawsuit.  You can read their Press Release -

Omega Protein Comments on Lawsuit

There are very valid points about how you test for PCB and exactly what Prop 65 requires.  In addition, a number of independent groups have stepped forward to say that their testing shows that fish oil supplements are completely safe and free of contaminants.

Fish Oil is too important of a supplement to see washed away with a lawsuit.  Our hope is that this lawsuit puts the spotlight on testing and labeling requirements more than on the safety of fish oil.    Anything that makes supplement labels more open and honest is a major step in the right direction.

Share and Enjoy:
  • E-mail this story to a friend!
  • TwitThis
  • Facebook
  • Digg
  • del.icio.us
  • StumbleUpon
  • NewsVine
  • Reddit
  • YahooMyWeb
  • Google Bookmarks
  • Yahoo! Buzz
  • Live
  • LinkedIn
  • Pownce
  • MySpace

Email This Post To A Friend!

{ 0 comments }

Are You Taking Viagra? No… Not So Fast, You Might Be Without Knowing It…

December 17, 2009

Millions of people have choosen to use Viagra (the brand name for Sildenafil). It is clear that the whole Erectile Dysfunction (ED) market has become a bonanza for the pharmaceutical companies. What is less clear is that many more of us are using Viagra (sildenafil) without even knowing it!
The Hot New Ingredient [...]

Share and Enjoy:
  • E-mail this story to a friend!
  • TwitThis
  • Facebook
  • Digg
  • del.icio.us
  • StumbleUpon
  • NewsVine
  • Reddit
  • YahooMyWeb
  • Google Bookmarks
  • Yahoo! Buzz
  • Live
  • LinkedIn
  • Pownce
  • MySpace
Read the full article →