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Chito-Trim, TurboTone, Impulse Female Herbal Blend/ Maximus Male Herbal Blend Marketers Settle Deceptive Advertising Suit for $750,000

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Case ID: 3643 | Drugs / Medical | 08/31/2004

The parties have reached a $750,000 settlement in an FTC administrative proceeding filed against dietary supplement marketer VisionTel Communications, LLC, on behalf of all persons who purchased Chito-Trim or TurboTone for weight loss, or Impulse Female Herbal Blend/ Maximus Male Herbal Blend for male and female sexual dysfunction. The action alleged that the marketers made deceptive advertising claims about these products in violation of federal consumer protection laws. Persons eligible to take part in the settlement should contact the prosecuting attorneys for more information.

The defendants have sold various dietary supplements and other products directly to consumers through short ads in print, radio, and on television, through TV infomercials, and on the Internet. The FTC's complaint names VisionTel Communications, LLC, also doing business as Vision Laboratories, and its officers, Michael McNaboe, Robert Dall and David Amato, all based in Eliot, Maine; MJ Management, based in Scarborough, Maine; and MAD Marketing, Inc., and LLAD Management, Inc., both based in Cape Elizabeth, Maine.

The complaint targets claims for four products:

• Chito-Trim - The defendants advertised that Chito-Trim, a dietary supplement containing chitosan, "work[s] to attract fat like a magnet, forcing your body to pass it out of your system naturally, giving you the benefits of dieting without the hassle of calorie counting." A one-month supply of Chito-Trim costs $59.95. The FTC's complaint alleges that the defendants made false and unsubstantiated claims that Chito-Trim causes substantial weight loss without diet or exercise and causes substantial weight loss by blocking the absorption or fat or calories.

• TurboTone - TurboTone contains chromium, garcinia cambogia, phaseolamin (white kidney bean extract), citrus aurantium, and other ingredients. Ads included statements such as: "TurboTone is perfect for you if you want to be able to eat what you want and lose weight and get firm without calorie counting or long strenuous workouts." TurboTone cost $59.95 for a 30-day supply. The FTC alleges that the VisionTel defendants falsely claimed that TurboTone causes substantial weight loss without diet or exercise and is clinically proven.

• Impulse Female Herbal Blend - The FTC alleges that the defendants made unsubstantiated efficacy and safety claims for Impulse, a dietary supplement containing androstenediol and other ingredients, marketed for female sexual dysfunction. A 30-day supply cost $59.95. According to the FTC complaint, endocrinologists and other health professionals have raised concerns about the lack of testing of androgen supplements for potential health risks and negative side effects for women.

• Maximus Male Herbal Blend - The FTC alleges that the defendants made unsubstantiated efficacy, safety, and "no harmful side effects" claims for Maximus, a supplement containing yohimbine, l-arginine and other ingredients, marketed for male sexual dysfunction. A 30-day supply cost $59.95. According to the FTC complaint, Maximus contains yohimbine and other ingredients that may substantially increase blood pressure and interact adversely with other drugs taken by men with conditions that cause erectile dysfunction.

To settle the FTC's charges, the proposed stipulated final order prohibits the defendants from claiming that Chito-Trim, TurboTone, or any other weight loss product containing similar ingredients causes substantial weight loss without diet or exercise, or causes substantial weight loss by blocking the absorption of fat or calories. The order requires the defendants to have competent and reliable scientific substantiation for future efficacy, safety, and "no side effects" claims for the four challenged products, as well as any other weight loss, sexual dysfunction, or health-related product, program, or service. The order further prohibits the defendants from misrepresenting any test, study, or research for any health-related product, service, or program.

The order requires the defendants to pay $750,000 in consumer redress or disgorgement. The order also contains a $35 million "avalanche clause" that would make this amount due immediately if a court finds that the defendants misrepresented their financial condition. Finally, the proposed order contains various recordkeeping and reporting requirements to assist the FTC in monitoring the defendants' compliance.


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