Xenadrine, CortiSlim, TrimSpa, One-A-Day WeightSmart settle w/FTC

The U.S. Federal Trade Commission (FTC) announced last week that it had settled with four weight loss pill companies for more than $25 million over complaints the companies had made false, unsubstantiated health claims for their products.

Marketers of four products — Xenadrine EFX, CortiSlim, TrimSpa and One-A-Day WeightSmart — settled with the FTC over allegations of false weight loss claims, surrendering millions in money and assets, and consenting to limit future claims.

“You won’t find weight loss in a bottle of pills that claims it has the latest scientific breakthrough or miracle ingredient,” said Deborah Platt Majoras, chairman of the FTC. “Paying for fad science is a good way to lose cash, not pounds.”

Two marketers of Xenadrine EFX are set to pay the FTC from $8 million to $12.8 million to settle complaints of unsubstantiated claims on its product, which was featured in numerous ads in People magazine, TV Guide, Cosmopolitan and Men’s Fitness magazine.

Seven marketers of CortiSlim and CortiStress weight loss products are set to turn over assets totaling roughly $12 million, to settle allegations of false weight loss claims advertised in radio, print, internet and television media.

Marketers of TrimSpa — the weight loss product that features Anna Nicole Smith as its spokesperson — will pay $1.5 million to the FTC over supposedly false claims that the product would help consumers lose as much weight as they wanted without much effort.

One-A-Day WeightSmart maker Bayer Corporation settled with the FTC for $3.2 million for claiming its product, which contains the greet tea extract EGCG, helps consumers manage weight and boost metabolism.

However, critics of the FTC’s ruling say the commission is unfairly targeting makers of natural products, while ignoring false and unsubstantiated claims made by pharmaceutical companies in prime-time advertisements.

“When it comes to consumer health, there’s a double standard at the FTC,” said consumer health advocate Mike Adams, author of “Spam Filters for Your Brain.” “Pills and supplements are strongly scrutinized for false claims, while the false advertising and exaggerated health claims of prescription drugs are routinely ignored.

“The FTC, much like the FDA, seems bent on destroying the nutritional supplements industry while ignoring the real threat to the health and safety of Americans: dangerous prescription medications.

“Careful analysis has shown that 94 percent of drug company promotional claims have absolutely no basis in scientific fact, and drug company television ads do not even require FDA review before being aired. Where is the FTC when it comes to false advertising by Big Pharma?” Adams asked.

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FTC Takes Action Against Xenadrine EFX

FTC Takes Action Against Marketers of Top-Selling Xenadrine EFX

The Federal Trade Commission has filed a federal district court complaint charging Robert Chinery, Jr., Tracy Chinery, and their company, RTC Research & Development, LLC (the Chinery defendants) with making misleading weight loss claims for the popular dietary supplement Xenadrine EFX.

In addition, the Commission has accepted a consent agreement with another group of entities, Cytodyne, LLC, Evergood Products Corp., and Melvin Rich (the Rich respondents), for their role in the advertising and marketing of Xenadrine EFX, which contains, among other ingredients, green tea extract, yerba mate, and bitter orange. A 120-tablet bottle – a one-month supply – retailed for approximately $40. Since its introduction in 2002, Xenadrine EFX’s sales have topped $160 million.

According to the FTC, the defendants and respondents advertised Xenadrine EFX heavily in print and on TV, including in such publications as People, TV Guide, Cosmopolitan, Glamour, Let’s Live, Men’s Fitness, and Women’s World. They also disseminated Spanish language ads for Xenadrine EFX. The advertisements claimed that Xenadrine EFX causes rapid and substantial weight and fat loss, such weight loss without the need to diet or exercise, permanent or long-term weight loss, and is clinically proven to work. The ads relied heavily on testimonials from supposedly satisfied customers, some of whom claimed to have lost over 100 pounds.

The Chinery Defendants

The FTC’s complaint alleges that the New Jersey-based Chinery defendants made false and unsubstantiated claims for Xenadrine EFX, including that it was clinically proven to cause rapid and substantial weight loss and clinically proven to be more effective than leading ephedrine-based diet products. According to the complaint, Robert Chinery commissioned several studies of Xenadrine EFX, none of which showed substantial weight loss. The complaint alleges that in one of these studies, subjects taking Xenadrine EFX lost an average of only 1.5 pounds over the 10-week study, while a control group taking a placebo lost an average of 2.5 pounds over the same period.

The complaint also alleges that the defendants falsely represented that persons appearing in the ads achieved the reported weight loss solely by using Xenadrine EFX. According to the FTC complaint, consumer endorsers, in fact, lost weight by engaging in rigorous diet and/or exercise programs. The complaint alleges that the defendants also failed to disclose that the endorsers were paid from $1,000 to $20,000 in connection with their testimonials.

Another company controlled by the Chinery defendants, Nutraquest, was not named in the complaint; it is currently in bankruptcy and facing numerous product liability, class action, and advertising claims relating to an ephedra product, Xenadrine RFA-1.

The Rich Respondents

The New York-based Rich respondents have entered into an administrative settlement with the FTC. The consent order requires the respondents to pay $100,000 to the FTC. It also prohibits the Rich respondents from claiming that Xenadrine EFX or any other substantially similar product causes rapid and substantial weight or fat loss and prohibits the claim that any weight-loss product causes rapid and substantial weight loss without diet or exercise.

The settlement further prohibits the respondents from claiming that any weight-loss product, dietary supplement, food, drug, or device causes weight or fat loss, causes permanent or long-term weight loss, or causes users to lose weight or fat without diet or exercise unless they have competent and reliable scientific evidence to substantiate the claims. It also requires that the respondents have competent and reliable scientific evidence for any claims they make about the health benefits, performance, efficacy, safety, or side effects of any such product and prohibits them from misrepresenting any test, study, or research for any such product.

In addition, the settlement prohibits the respondents from misrepresenting the experience described in any user testimonials for any weight loss product, dietary supplement, food, drug or device. It requires the respondents to disclose any material connection – including monetary payments – between the endorser and the respondents or any person or entity involved in manufacturing, marketing, or selling the product.

The Commission vote to authorize the staff to file the complaint against the Chinery defendants was 5-0. The complaint was filed in the U.S. District Court for the District of New Jersey on July 11, 2005.

The Commission vote to accept the proposed consent agreement with the Rich respondents for public comment was 5-0. The FTC will publish an announcement regarding the agreement in the Federal Register shortly. NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendants have actually violated the law. The case will be decided by the court.

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them.

Media Contact:

Mitchell J. Katz
Office of Public Affairs
 
Staff Contact:
Peter Miller or Michael Ostheimer
Bureau of Consumer Protection

(Chinery defendants: Civil Action No. 05-3460 (GEB))
(Rich respondents: FTC File No. 032-3144)

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Xenadrine

Xenadrine Reviews 
 
Xenadrine bills its diet pill as an ephedra free, thermogenic fat burner and lipolysis stimulator to help break down fat. This purported ‘revolutionary formula’ contains a powerful blend of natural ingredients shown in ‘clinical research’ to increase the body?s metabolic rate and support the body in burning excess body fat.  However, recent FDA and FTC enforcement action and litigation against Xenadrine’s weight loss claims and effectiveness paint a very different picture.

Clearly, where something sounds too good to be true a red flag should go up for most of us.   That’s exactly what happened when federal regulators got involved.   While Xenedranine’s slick and hyped marketing helped position it as a great weight loss diet pill, regulators uncovered wrongful claims made by its marketers.  

Our editors and experts’ research revealed that the Federal Trade Commission litigated Xenadrine’s makers resulting in penalties and agreement to remove wrongful claims from Xenadrine’s marketing.   See news stories and news realeses with heading and content excerpts of:

-  ” FTC Takes Action Against Marketers of Top-Selling Xenadrine EFX”
-  USNews:   ” Cracking down on questionable diet pills”
-  ConsumerAffairs:   “  FTC Sues Promoters of Top-Selling Xenadrine EFX”
-  FDA Xenadrine Warning Letter 
 
Actual excerpt:

” …The FTC investigation has exposed the pill to be… well… a crock – stating that ” placebo pills in one clinical trial caused more weight loss than the drug.”   …Even more outrageous is this statement:  Supposedly satisfied customers, who claimed in advertisements to have lost anywhere from 20 to 110 pounds while on the pills, actually ” engaged in rigorous diet and/or exercise programs in order to lose weight, and some were provided with a personal trainer…” …Chinery’s company paid some of these Xenadrine EFX users $1,000 to $20,000 for their endorsements…” 
 

With government sponsored litigation and history of investigation about Xenadrine’s diet product’s effectiveness,  we urge consumers to take caution.   Finally, the last important question in our research was how effective was Xenadrine.   How well does it work? Is Xenadrine the right product for most consumers?

See below for Top Diet Pills / Diet Products Reviews:

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