Joint action is first step in halting sale of the products

Lowcarbfriends, a popular lowcarb bulletin board, established a support forum for the HCG diet about a year ago. This coincided with Netrition, the company that owns Lowcarbfriends, starting to sell the homeopathic hhCG drops and pellets.

Netrition’s response to the FDA/FTC action was to declare:

Netrition has not been contacted by the FDA but will comply with all FDA rules and regulations. Therefore, we are removing all marketing text from all of the HCG products that we sell.
As of this moment, we will continue to sell HCG products but be advised that HCG products could be taken off the market at any time. If this is a concern to you, you may want to stock up as soon as possible.

Now, I’m sure that FDA and FTC know that the actual drops and pellets are harmless as they don’t actually contain any HCG. However,

The labeling for the “homeopathic” HCG products states that each product should be taken in conjunction with a very low calorie diet. There is no substantial evidence HCG increases weight loss beyond that resulting from the recommended caloric restriction. Consumers on a very low calorie diet are at increased risk for side effects including gallstone formation, electrolyte imbalance, and heart arrhythmias.

The prescribed “very low calorie diet” for hhCG consists of 500 calories of low fat and relatively low carb foods. Considering the controversy that surrounded the Kimkins diet, another starvation diet that was initially also sponsored by Lowcarbfriends, you would think that they would know that such a diet is not healthy. In case you don’t recall, you can read about it on Kimkins Survivors.

Following the HCG forum on Lowcarbfriends over some time, there has been many reports of similar adverse effects as previously reported for Kimkins. The non-existent HCG in the homeopathic hhCG will not protect against damage from an extreme low calorie diet, no matter how much you believe in homeopathy. FDA is asking anybody that has suffered adverse affects due to hhCG use to report it on MedWatch.

While I do not believe that the hhCG drops and pellets do any harm, I find it sad to see how people now rush to “stock up” before they are taken off the market, and the suppliers, like Netrition, take advantage of this panic in order to increase sales.

Who wouldn’t lose weight on 500 calories per day?

But the hCG proponents insist that the hCG helps suppressing appetite so that it’s easy to eat such a small amount of food. Again, a 500 calorie diet will do that in itself. Just ask the people that starved themselves doing Kimkins. It is also a well known fact that even with water fasting (zero calories) you are no longer hungry after the initial 2 – 4 days. 500 calories is not that much different, especially as they are low carb.

The true HCG injections need to be prescribed by a doctor. Or someone that claims to be a doctor. Internet “consultations” are becoming more common and you don’t really know who is at the other end.  Not all people want to give themselves injections and they are also costly. Consequently a new alternative has emerged, which reportedly is equally efficient: Homeopathic hCG.

Homeopathic hCG (hhCG) is sold as a liquid or spray. 10 – 15 drops, or sprays, under the tongue, 3 – 4 times per day are supposed to provide the same results as hCG injections. Provided that the 500 calorie diet is followed.

I knew nothing about Homeopathy so I started searching. The hhCG drops are labeled 6X, 12X, 30X, 60X. One 2 oz bottle, sufficient for 23 days of 500 calorie starvation, sells for as high as $140 or as low as $15. It isn’t obvious if the more expensive brands are more efficient. They are all called the same – homeopathic hCG.

I also did not know what the 6X, 12X, etc. numbers meant. One hHCG proponent explained it as:

The numbers refer to the number of times the original substance was micro-diluted and succussed. Each level of dilution according to homeopathic principals has a slightly different energy signature. The higher the number, the more times the item has been diluted and put through the process. According to the laws of homeopathy, higher numbers of dilution are actually stronger. (Which isn’t always better, some people respond better to one potency than another.) So by making a combination remedy that includes potencies of 6x, 12x, 30x, 60x, the remedy will have a slightly broader spectrum effect than one with just 12x, 30x, 60x. If it was me, I’d get the one with the broader spectrum, all other things being equal, because it also includes that lower number base.

Wikipedia has a longer explanation that basically says the same.

From this, I understand that the 6X means that the original liquid (hCG?) is diluted 1 part to 1,000,000. The 60X would be 1 to 10^60. Sufficient to say, there is not a single molecule of the original substance in the resulting hhCG.

But apparently that is the idea with homeopathy:

Some homeopathic remedies are so diluted, no molecules of the healing substance remain. Even with sophisticated technology now available, analytical chemists may find it difficult or impossible to identify any active ingredient. But the homeopathic belief is that the substance has left its imprint or a spirit-like essence that stimulates the body to heal itself.

The reason most commonly offered today by homeopathic proponents is the remedy’s solution has a “memory” of the original substance. What is this memory? Homeopaths say it is electromagnetic waves of the active ingredient it once contained. They say that vigorous shaking between each dilution make this memory possible.

Memory? Imprint or spirit-like essence? Really?

The special shaking action or potentizing used in homeopathy separates the etheric fields from their material substance. The latter is then discarded and the former concentrated. These concentrated etheric fields are much more potent in this way than when they were combined with matter.

Really?

So this homeopathic hCG does not contain any hCG at all. Isn’t it misleading to call it hCG? Apparently not according to homeopathic rules.

I wonder if snake oil has anything from a snake in it?

PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.

INTRODUCTION

1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.

2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.

3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business & Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.

4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.

THE LITIGATION

The Plaintiffs’ Claims

5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.

6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:

• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com
• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”
• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss
• that Diaz and Kimkins provided false or misleading information to Women’s World magazine
• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web
• that Diaz and Kimkins made up celebrity endorsements
• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law
• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim
• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.

The Defendants’ Position

7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.

THE COURT’S CLASS-CERTIFICATION ORDER

8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.

9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.

THE COURT HAS NOT EXPRESSED ANY OPINIONS
REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS

10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.

INSTRUCTIONS TO CLASS MEMBERS

11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.

OPT OUT OF CLASS ACTION LAWSUIT

12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt & Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.

WHERE TO GO & WHOM TO CONTACT
SHOULD YOU NEED MORE INFORMATION

13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:

• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/ . You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.

• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:

John E. Tiedt & Marc S. Hurd
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

Michael L. Cohen
Michael L. Cohen, a PLC
707 Wilshire Blvd., Suite 4100
Los Angeles, California 90017

Ray Moore
Moore Winter McLennan LLP
701 N. Brand Blvd., Suite 200
Glendale, California 92103-4232

If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.

There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.

DATE: ___________________________, 2009

____________________________________
Hon. _________________________,
Presiding Judge

~ Companies marketed Acai berry supplements, among others ~

TALLAHASSEE, FL – Attorney General Bill McCollum today announced that his office has reached a national settlement with an internet-based company that markets non-prescription dietary and health supplements. The settlement resolves allegations that the company, Aton Solutions, and its subsidiaries were offering free trials of their products, including Acai berry supplements, but customers were unable to cancel their subscriptions before being billed. Since the Attorney General began investigating, Aton has made nearly $10 million in customer refunds nationwide.

Palm Beach County-based Aton Solutions and subsidiaries GIC LLC, SFL Nutrition LLC, Globalnet Pharmacies LLC and Glades Distribution Services LLC offer 15-day free trials of several products, but the trials triggered an automatic subscription and customers had to cancel the subscriptions before the end of the trial so they would not be billed for the products. The Attorney General’s Economic Crimes Division received thousands of complaints from consumers and opened an investigation in December 2008.

According to the complaints filed with the Attorney General’s Office, customers claimed they were unable to contact the companies by telephone, e-mail or through the company’s websites to cancel future orders under the terms of the free trial offer. As a result, thousands of consumers were continuously billed a monthly fee of $80 or more for products that they neither ordered nor wanted.

Under the settlement, Aton Solutions and its subsidiaries will openly describe all terms and conditions of any trial offer located on the company’s website and will clearly disclose how and when products may be returned. Additionally, the company will maintain adequate customer service personnel to field cancellation requests in compliance with the terms and conditions of the free trial offer and will continue to examine, address and resolve all complaints related to the company’s business, products and trial offers.

In addition to the consumer refunds, Aton has agreed to pay $250,000 in attorneys’ fees and costs and will continue to issue refunds to any consumers who have complaints. The companies have fully cooperated with Attorney General’s investigation.

The company that agreed to the settlement sells Acai Berry Supreme and Extreme Acai Berry, among others.  While I applaud the Attorney General for looking into this scam, I can not help wonder how much difference it will make. At least some people will get some of their money back, but how many just gave up when they couldn’t reach anybody to cancel the autoship? While they might have had their credit card company stop further payments, many of them are likely out of the money for the first couple of shipments. Clearly, this company has made a lot of money on this product as they agreed to a settlement of $10 million in refunds.

The company is also allowed to continue to sell these in my opinion useless products. The requirement to “clearly disclose how and when products may be returned” is technically fulfilled, but who checks the “Terms and Conditions” before placing a $3.95 order for a “Risk Free Trial?” Or, understands the statement about “a negative option” that has been added to the bottom of the page?

†I UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES, UNDER THE TERMS OF THIS AGREEMENT, IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.

It is also annoying that the supposed benefits of this product were not questioned. Acai Berry continues to be sold as a detox and weight loss supplement despite there being no proof of these claims. None. The only studies that have been done have confirmed a relatively high amount of antioxidants but then there are no studies that show that antioxidants are beneficial to us in the first place.

FTC Charges Marketers of ‘Hoodia’ Weight Loss Supplements With Deceptive Advertising

The Federal Trade Commission has charged the suppliers of supposed Hoodia gordonii, also known as hoodia, with deceptive advertising for claiming that using their product would lead to weight loss and appetite suppression.

In its complaint, the FTC alleges that the defendants not only made false and deceptive claims about what hoodia could do, but also, on one or more occasions, claimed that their product was Hoodia gordonii, a plant native to southern Africa, when it was not.

The FTC has requested that the court order the defendants not to make false or deceptive statements or destroy documents pending trial. The Commission seeks to permanently bar the defendants from deceptively advertising hoodia, and to obtain disgorgement of the defendants’ profits from their hoodia sales.

The defendants allegedly made false and deceptive claims when advertising their fake hoodia to trade customers who manufactured and marketed supplements.

NOTE: The Commission authorizes the filing of a complaint when it has “reason to believe” that the law has or is being violated, and it appears to the Commission that a proceeding is in the public interest. A complaint is not a finding or ruling that the defendants have actually violated the law.

It is interesting to see how the FTC continues to pursue these companies that make a living by selling weight loss products with claims that are not backed up by facts.  This Hoodia charge follows closely on the Hydroxycut warning, the settlement with QVC and the FDA releasing a list of weight loss supplements considered unsafe.

There is still much work to do though. Will the Acai scam and Colon Cleanse come next? I hope so.

We can also hope that these type of cases result in some legislation for deceptive marketing as a whole. That would prevent dangerous diets such as Kimkins to establish themselves on the internet

A few months ago, FDA released a list with names of diet pills that were considered unsafe.  Hydroxycut was not one of them, but FDA now warns consumers to immediately stop taking this popular diet pill.

The FDA Press Release states:

FDA Warns Consumers to Stop Using Hydroxycut Products
Dietary Supplements Linked to One Death; Pose Risk of Liver Injury

The U.S. Food and Drug Administration is warning consumers to immediately stop using Hydroxycut products by Iovate Health Sciences Inc., of Oakville, Ontario and distributed by Iovate Health Sciences USA Inc. of Blasdell, N.Y. Some Hydroxycut products are associated with a number of serious liver injuries. Iovate has agreed to recall Hydroxycut products from the market.

The FDA has received 23 reports of serious health problems ranging from jaundice and elevated liver enzymes, an indicator of potential liver injury, to liver damage requiring liver transplant. One death due to liver failure has been reported to the FDA. Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure.

Liver injury, although rare, was reported by patients at the doses of Hydroxycut recommended on the bottle. Symptoms of liver injury include jaundice (yellowing of the skin or whites of the eyes) and brown urine. Other symptoms include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite.

“The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risk. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they are experiencing symptoms possibly associated with these products,” said Linda Katz, M.D., interim chief medical officer of the FDA’s Center for Food Safety and Applied Nutrition.

Hydroxycut products are dietary supplements that are marketed for weight-loss, as fat burners, as energy-enhancers, as low carb diet aids, and for water loss under the Iovate and MuscleTech brand names. The list of products being recalled by Iovate currently includes:

Hydroxycut Regular Rapid Release Caplets
Hydroxycut Caffeine-Free Rapid Release Caplets
Hydroxycut Hardcore Liquid Caplets
Hydroxycut Max Liquid Caplets
Hydroxycut Regular Drink Packets
Hydroxycut Caffeine-Free Drink Packets
Hydroxycut Hardcore Drink Packets (Ignition Stix)
Hydroxycut Max Drink Packets
Hydroxycut Liquid Shots
Hydroxycut Hardcore RTDs (Ready-to-Drink)
Hydroxycut Max Aqua Shed
Hydroxycut 24
Hydroxycut Carb Control
Hydroxycut Natural

Although the FDA has not received reports of serious liver-related adverse reactions for all Hydroxycut products, Iovate has agreed to recall all the products listed above. Hydroxycut Cleanse and Hoodia products are not affected by the recall. Consumers who have any of the products involved in the recall are advised to stop using them and to return them to the place of purchase. The agency has not yet determined which ingredients, dosages, or other health-related factors may be associated with risks related to these Hydroxycut products. The products contain a variety of ingredients and herbal extracts.

Health care professionals and consumers are encouraged to report serious adverse events (side effects) or product quality problems with the use of these products to the FDA’s MedWatch Adverse Event Reporting program online, by regular mail, fax or phone.

• Online: www.fda.gov/MedWatch/report.htm
• Regular Mail: Use FDA postage paid form 3500 found at: www.fda.gov/MedWatch/getforms.htm and mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787
• Fax: 800-FDA-0178
• Phone: 800-FDA-1088

The FDA continues to investigate the potential relationship between Hydroxycut dietary supplements and liver injury or other potentially serious side effects.

The main Hydroxycut website is putting a little milder spin on it. hydroxycut.com is redirected to hydroxycutinformation.com where they state:

The U.S. Food and Drug Administration (FDA) recently released a consumer advisory about certain Hydroxycut-branded products. According to the advisory, the FDA has received 23 reports over the years about consumers having experienced serious liver-related problems coinciding with the time they were taking Hydroxycut-branded products. The advisory states that, “Although the liver damage appears to be relatively rare, FDA believes consumers should not be exposed to unnecessary risk.”

While this is a small number of reports relative to the many millions of people who have used Hydroxycut products over the years, out of an abundance of caution and because consumer safety is our top priority, we are voluntarily recalling these Hydroxycut-branded products.

Hmm. The Hydroxycut company must have received a different version of the advisory as compared to the press release. Or, could it be that they are stretching the truth a little?

FDA said nothing about “over the years,” “liver-related problems,” “exposed to unnecessary risk,” nor mentioned “millions of people.”

FDA said “serious liver injuries” and “urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risk.”

Also note that the “standard blame” that people exceed the recommended dose (as was done with Ephedra) cannot be used in this case. FDA states

Liver injury, although rare, was reported by patients at the doses of Hydroxycut recommended on the bottle. Symptoms of liver injury include jaundice (yellowing of the skin or whites of the eyes) and brown urine. Other symptoms include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite.

Please stop taking this “supplement” immediately. I would also suggest not to go in search of another miracle pill to take it’s place. Surely, it’s just a matter of time before they find that pill to be harmful as well.

Note. Iovate Health Sciences USA Inc, the manufacturer of Hydroxycut, will provide a refund if you return the bottle to the place of purchase.

My local radio station is blasting weight loss ads for everything from Evercleanse (lose 10 – 25 pounds of toxic waste from your colon!) to a skin care company (!) that now has developed a diet pill.

Online is even worse. New “diet” supplement ads pop up all the time.

There must be money to make, otherwise these companies would not stay in business. Constantly changing product names to reel in people by using keywords and ads for the latest fad. From colon cleanse to Wu-yi tea to Acai to ….

The product with the new name is probably the same as the previous one. Just a new label. Who would analyze the ingredients anyway? And sometimes they don’t even bother with new labels. Many that ordered Acai Burn received shipments of Wu-Yi Burn.

One company that caught my eye recently is GNS Inc out of Colorado. In December last year, they were selling something called Slim Pro Shakes. Those don’t exist any more. The ads/blogs that still pop up on a search for them lead to Acai Berry Edge. The sales pitch is the same. A FREE offer and then in fine print on the bottom of the page:

21-Day Free Trial Terms and Conditions: Get two bottles of Acai Berry Edge free for 21 days during the trial period. You invest $3.97 s&h today then $39.95 per bottle at day 21 only if you are satisfied. Auto-shipments follow at the same terms and conditions. Cancel at any time. See the complete Terms and Conditions on the next page for complete details.

Most people just see FREE and don’t notice that this is an autoship program. In addition, for most of these schemes, the trial bottles arrive after 2-3 weeks, so there isn’t even any time to try out the product and cancel before the automatic debit hits your credit card. Of course, most don’t even know they have signed up for autoship before they find the charge on their credit card bill.

Many find a way to cancel at that time. The majority of them just pay the bill, and put the cost down as another expense for yet another failed diet attempt. A few get their credit card company to reverse the charges.

The main GNS website is not much better. While I at first didn’t see any autoship scams there, they are revealed when ordering a product. Then you get the offer to:

SAVE 20% and Get FREE Shipping When You Join the GNS Preferred Customer Club…a fresh bottle of Energy Matrix will automatically be shipped to your doorstep every month at this low price so you don’t have to remember to reorder!….Monetary refunds are not given for autoship products once they have been processed.

So, what products do they sell? One of them, Slim Body Matrix, seems to be just an expensive whey protein shake. This particular shake is advertised as:

the absolute best-tasting, most satisfying weight loss shake ever…

But, when you read on the actual can, there is this little box with the statement:

Notice: Use this product as a food supplement only. Do not use for weight reduction.

A “weight loss shake” that is not intended for “weight reduction?”

Not that his particular company is unique; it just served as an example. There are hundreds of others, perhaps thousands, with equally misleading advertisements and overpriced “weight loss” products.  The FTC (Federal Trade Commission) may be looking into some of these online scams (Acai autoship) and the FDA (Federal Drug Administration) has released a list of weight loss supplements judged to be unsafe.

But, considering the ever growing number of websites trying to cash in on desperate dieters looking for a quick fix, I don’t think we will see any changes soon. I just wish that people would stop falling for unrealistic promises and fake testimonials. If nobody buys the “magic XYZ” there will be no business in selling it.

There have been many articles/blogs listing sure signs to recognize a scam. To me, the most obvious is:

If it looks too good to be true, it probably is.

Another way of researching a diet, product, supplement, or really anything, is to google it on the internet (Yahoo search, MSN search, etc work just as well, of course). For example, a search on the company “GNS” leads to ripoff reports. There are 129 complaints about this company. That might tell you something?

The Kimkins Diet Scam taught me the google trick. Not that it would have helped much when that particular disaster of a diet had it’s heyday in June of 2007, thanks to a Woman’s World article. Back then, only pro-Kimkins articles, fake pictures and fake testimonials were to be found on the web. Not as today when the anti-kk bloggers overwhelm any positive Kimkins.con information out there.

So, that is one more lesson. If there is nothing but obvious ads on the internet, perhaps it would be a good idea to hold of parting with my money for a while. Or, look at the ads and research from there. For Acai, it is pretty obvious that most of the ads have the same origin. It’s also easy to find out that there is no scientific proof that acai has anything to do with weight loss. None.

This case seems to have been going on for some time. I found a reference to it from March 2004: Feds Charge QVC over Weight-Loss Claims

The weight loss claims to be found deceptive were:

• For Women Only weight control products cause substantial weight loss, for example, 50, 60, 100 pounds or more, and enable users to maintain their weight loss for a substantial period of time;
• For Women Only Zero Fat pills (with chitosan, herbs, and other ingredients) prevent fat absorption;
• For Women Only Zero Carb pills (with chromium, vanadium, glucosol, gymena sylvestre leaf, and other ingredients) prevent sugar and carbohydrates from being stored as fat;
• Lite Bites products (including Fat Fighting Bars and Fat Fighting System Shakes, containing chromium picolinate, garcinia cambogia, L-carnitine, herbs, vitamins, fiber, and other ingredients) enable users to lose substantial weight, including, for example, 52, 80, 110, 125 pounds or more, and enable users to maintain their weight loss for a substantial period of time.

It is rewarding to see that FTC is actively pursuing these type of scams. I hope it sets a precedence for other “magic pills” and weight loss methods marketed via TV, radio and other media. Hopefully it will also reach internet marketing where people looking to lose weight seem to be a targeted group for internet marketers wanting to make a fast buck, recycling their “success photos” from last year’s fad (wu-yi tea) to this year’s fad (acai). [Before even thinking about ordering any of these two products, you may want to check out the complaints at Ripoff Reports. Many, many people have lost money on a useless product and have problems getting out of the autoship charges to their credit card.]

But note that this case took at least 5 years. And then it didn’t even go to trial but a settlement was reached. This fact gives me hope about eventually seeing Kimkins.con being shut down. After all, the class action lawsuit wasn’t initiated until late 2007, and class certification granted in January 2009. The wheels of justice are turning, even if not as fast as I’d like.

Despite Heidi Diaz thinking that the “scandal” is over, it is not. Cleaning up your marketing practices does not cancel the fact that people were defrauded of money based on untrue claims and representations. And, while the “internet hate group,” as Heidi calls us, might be small, there are many, many more that would like to see Kimkins.con gone from the internet for good. Including the vast majority of the 40,000 people that paid for a lifetime membership and quickly found out that this was a dangerous diet. I’m sure they would like to have their money back too.

Obviously there is a market for these diets. Otherwise they wouldn’t exist. So are we so gullible? Do we so easily believe these unrealistic promises? That this diet will do what others failed to do?

Do we believe that the weight loss claims are real? That the success stories exist? And that the persons depicted actually used the magic supplement they are selling?

It seems that many do. And are willing to pay a lot of money for another quick fix. If Acai didn’t do it, Wu-Yi didn’t do it, perhaps this Sensa will?

So what is Sensa?

It is a powder (!) that you sprinkle (!) on your food and it makes you eat less.

Backed by “25 years of study” and “clinical study.”

The 25 years research consisted of testing out “sprinkles” or Sensa Tastants (patent pending!). The ingredients in the Tastants are of course not fully disclosed more than that they contain Maltodextrin (corn starch, used as a bulking agent, no doubt), Tricalcium Phosphate (bone ash), Silica (sand), Natural and Artificial Flavors (proprietary), FD&C Yellow 5 (synthetic yellow dye), and Carmine (red pigment from scale insects). Sensa also contains Soy and Milk ingredients.

Hmm. Perhaps you really would eat less if you sprinkled this on food.

The clinical study consisted of one study where 1,436 people sprinkled Tastants on their food for 6 months and then were compared to 100 people that did not. The Tastant group lost 30 pounds while the control group lost only 2! Wow! And it must be true as the study is published. Actually, only the abstract (summary) is published. In “Advanced Technologies and Treatments for Diabetes”, First International Conference, Prague, Czech Republic, February 27, 2008.

Searching, I actually found the abstract. No study. This is the entire text:

USE OF GUSTATORY STIMULI TO FACILITATE WEIGHT LOSS

A .R. Hirsch
Smell & Taste Treatment And Research Foundation, Chicago, IL, USA

Background: Excess weight is a risk factor for myriad illnesses including diabetes. Despite its ubiquity, treatment is, for the most part, ineffective focusing on conscious, draconian self-deprivation efforts including portion control, fasting, hedonic sacrifice, or initiation of a rigorous, often painful, exercise program. Chemosensory modification to induce weight loss has used both aversive and nonaversive olfactory and hedonically positive gustatory stimuli.

Hypothesis: Noncaloric tastant crystals added to food enhance gustatory evoked satiety, reducing consumption, as manifest by weight loss.

Methods: Two thousand four hundred thirty-seven overweight or obese subjects, over a six-month period, sprinkled a variety of savory or sweet tastant crystals onto their food prior to mandiculation. Pre and post study weights were obtained and compared to one hundred nontreated controls.

Results: One thousand four hundred and thirty-six patients (87.4% female, 12.6% male) with an average initial weight of 208 pounds, and BMI of 34.2, completed this study. The average weight loss was 30.5 pounds, 5.0 BMI, versus control of 2 pounds, 0.3 BMI (p<0.05).

Conclusion: Use of tastants to enhance or generalize sensory specific satiety demonstrated efficacy in the promotion of weight loss. Further investigation into this approach on the secondary effects of obesity and diabetes is warranted.

If this “study” is so convincing, why not make it available on the web site that sell the “sprinkles?” Not holding up for peer review?

So, now, when you have read my glowing review, are you ready to shell out $59 (special price!) for a one month’s supply of sprinkles? With autoship! Or, if you were really impressed by the “study” and the “success stories” you can go directly to the 6 months option, for $235, with autoship!

I will not post “Joan’s” comments. It doesn’t matter how much “she” supposedly likes my blog. Clearly “she” hasn’t read it. My posts about Acai are pointing out that it’s a scam. Acai seems like a nice berry but there is nothing that suggests it would help with weight loss.

I also see that “Joan” is not accepting comments on “her” blog.  Helensweightloss, Sandrasweightloss, Nadiasweightloss, etc. do not either. I can understand why. The comments I got on my blog post about Acai have all been negative. Seems that many that order Acai Burn receive Wu-Yi Burn instead. Perhaps the scammer can not keep track of which of “her” sites the order comes from.

Not that it matters much. I’m sure both Acai Burn and Wu-Yi Burn are equally useless. I just hope that the people that ordered get out of their autoship program without losing too much money.

If you have fallen for this scam, you might want to read Acai-Scams. Perhaps there will be some way for you to get your money back. Or at least preventing the scammers from keeping it. Internet business is tricky that way due to the anonymity. But we managed to corner Heidi Diaz of Kimkins so there may be hope for Acai as well. With enough of these Internet scams, perhaps the FDA will finally step in and decide to do something about it.