The Growing Controversy Involving Cylapril, The "New Age Solution For Weight Loss" And Adrenal Fatigue

Recent investigations conducted under the auspices of the National Advertising Review Council and the Consumer Affairs Division of the Public Safety Department in Palm Beach County, Florida have raised substantial concerns regarding Cylapril, a popular weight-loss pill billed as “the new age solution for weight loss.”  In particular, these investigations call into question Cylapril’s ability to induce weight loss and raise questions relating to the marketing and billing practices of The Adrenal Fatigue Institute, Inc. (“AFI”), the producer of this trendy supplement.

 

AFI advertises Cylapril as an “Adrenal Weight Loss System,” and claims that by taking just three tablets a day, Cylapril will “increase weight loss.”  In June, 2009, the Electronic Retailing Self-Regulatory Program (“ERSP”), a regulatory body affiliated with the National Advertising Review Council and Council of Better Business Bureaus, conducted an investigation into AFI’s claim that Cylapril induces weight loss.  ERSP concluded that the evidence submitted by AFI “was insufficient to support the claim that ‘Cylapril induces weight loss,’” and recommended that AFI “discontinue claims that use of Cylapril will result in meaningful weight loss for consumers” in its advertising.  AFI, however, has refused to adopt this recommendation.

 

AFI also claims that Cylapril eradicates “adrenal fatigue,” a purported medical condition involving the adrenal glands that allegedly can be caused by lifestyle-related issues.  Adrenal glands are tiny glands located near the kidneys that secrete hormones such as adrenaline (epinephrine) that help control heart rate, blood pressure and sweating.  AFI asserts that “adrenal fatigue occurs when the adrenal glands become overworked due to the cumulative effects of stress factors.”  However, according to doctors from the renowned Mayo Clinic with expertise in matters involving the adrenal glands, adrenal fatigue “isn’t an accepted medical diagnosis . . . [and some] remedies for so-called ‘adrenal fatigue’ may leave you feeling sicker, while the real cause – such as depression or fibromyalgia – continues to take its toll.”  Notably, although AFI informed ESRP that it would voluntarily discontinue its claim that Cylapril is “The ONLY product of it’s [sic] kind to combat Adrenal Fatigue Burnout,” this representation still prominently appears on Cylapril’s website.

                                                                                   

On November 18, 2009, the Palm Beach County Public Safety Department, Consumer Affairs Division (“Division”) published a report concerning 18 cases of consumer disputes brought against AFI, including 12 cases brought in the last 4 months.  (This report may be viewed by clicking here and then searching on the company “The Adrenal Fatigue Institute, Inc.”)  In its report, the Division noted most of these complaints were brought by consumers for alleged unauthorized charges or debits to account, alleged failures to provide refunds, or other alleged billing disputes.  The Division’s report noted that while 11 cases against AFI went to a mediation that resulted in an adjustment, refund, or repair, 6 cases against AFI still remain open.  Furthermore, websites such as consumeraffairs.com and ripoffreport.com contain posts from literally scores of alleged Cylapril customers around the country, also complaining about unauthorized charges and problems obtaining refunds.

 

If you or someone you know is a purchaser of Cylapril and have concerns regarding this product, or if you have a dispute in connection with charges for this product, please contact us to discuss your legal options.

Class Action Filed Against FreeLife International

A class-action suit has been filed in Arizona accusing FreeLife International, Inc., two of its officers, and marketing spokesperson Earl Mindell of misrepresenting the value and health benefits of Himalayan Goji Juice, GoChi, and TAIslim.  FreeLife International is a Connecticut corporation which for several years has been allegedly falsely claiming that goji products are effective against cancer and many other diseases and that TAIslim causes people to absorb fewer calories from the foods they eat.

 

In January 2007, the Canadian Broadcasting Company (“CBC”) aired a program that investigated Mindell's goji-related claims and his credentials.  In one segment Mindell claims that a study at Memorial Sloan-Kettering Cancer Center had found that lycium barbarum (a botanical name for goji) had inhibited the growth of human cancer cells.  A CBC reporter checked, however, and found that no such study had been done at Sloan-Kettering and the researcher who actually did the study said it was done in cell culture and its results should not be extrapolated to humans.  When closely questioned about his claims and credentials, Mindell lost his temper and terminated the interview.

 

In September 2007, David Lucas Burge published the breathe.org web site to expose many of FreeLife's alleged misrepresentations.  Moreover, Sloan-Kettering officials have been sufficiently concerned about FreeLife’s research misrepresentation that their web site contains a bold-faced statement that, "Despite claims by several marketers, the efficacy and safety of lycium products for cancer treatment in humans have not been established."

 

If you purchased any products from FreeLife International, including Himalayan Goji Juice, GoChi or TAIslim, please contact us to discuss your legal options.

Marketers Of "Supreme Greens" And "Coral Calcium" Dietary Supplements Found Guilty Of Deceiving Consumers

The Federal Trade Commission (“FTC”) has ordered the marketers of the dietary supplements Supreme Greens and Coral Calcium to pay nearly $70 million dollars in consumer refunds as a result of deceiving consumers about the safety and effectiveness of their products.

 

The marketers of these products claimed that they were effective in treating a range of ailments including cancer, Parkinson’s disease, heart disease, diabetes, arthritis, autoimmune diseases and obesity.  They also claimed the supplements were safe for children, pregnant women and people taking medications.  A federal district court found these safety and effectiveness claims to be deceptive.

 

If you are a consumer who has purchased and/or been injured by either or both of these products, please contact us to discuss your legal options.

FDA Initiates Safety Review Of Weight Loss Medication Alli And Xenical

On August 24, 2009, the Food and Drug Administration ("FDA") issued an “Early Communication” to inform the public about concerns related to the weight loss medication, Orlistat, and potential injury to the liver.

 

The FDA announced there were 32 reports of liver injury suspected to be associated with the use of Orlistat between 1999 and 2008.  The medication is available by prescription, and is marketed as Xenical (120 milligrams).  The medication is also marketed and available over the counter under the brand name Alli (60 milligrams).

 

Potential side effects from Orlistat may manifest themselves as jaundice, abdominal pain, nausea, vomiting, brown urine, weakness, fatigue, fever, loss of appetite and itching.  If you have experienced these symptoms and have ingested the weight loss medication, you should consult your health care professional and report the symptoms to the FDA’s MedWatch Adverse Event Reporting program.

 

If you have been injured as a result of using Orlistat either as Xenical and/or Alli, please contact us to discuss your legal options.

Beware Of Diet Scams

Who wouldn’t want to lose weight without dieting or exercise?  The weight loss industry makes billions of dollars each year by preying upon our desire to lose those extra pounds.  However, physicians and other health experts caution that there is no “magic bullet” when it comes to weight loss.  And many health experts recommend that safe diets require a loss of no more than 2 pounds per week.

 

Despite these recommendations, the Internet is rife with ads promising to “Lose 25 Pounds in 2 Weeks” and supposed testimonials proclaiming, “I lost 36 pounds in 1 month.”  Consumers should beware of these claims.  In fact, the Federal Trade Commission (“FTC”) has issued guidelines for consumers warning them to “think twice before wasting money on products that make any of the following false claims”:

Lose weight without diet or exercise!

Lose weight no matter how much you eat of your favorite foods!

Lose weight permanently! Never diet again!

Block the absorption of fat, carbs, or calories!

Lose 30 pounds in 30 days!

Everybody will lose weight!

Lose weight with our miracle diet patch or cream!

 

If you or someone you know has been the victim of a diet scam, please contact us to discuss your legal options.

FDA Warns Consumers To Stop Using Hydroxycut Products

In a post published back in January 14, 2009, this blog discussed the fact that the Food and Drug Administration (“FDA”) had identified a number of weight loss products as containing potentially dangerous ingredients. Recent events have shown the warnings to be justified.

 

The FDA has warned consumers to immediately stop using the Hydroxycut line of weight loss products, citing reports of death due to liver failure and other serious health problems. The Hydroxycut brand includes pills, drinks and powders marketed to increase energy, burn calories and fat, and control appetite. Hydroxycut products have been widely sold at national chain stores, including GNC and Vitamin Shoppe. The FDA has received 23 reports of significant health problems in persons using Hydroxycut products ranging from jaundice and elevated liver enzymes (an indication of potential liver injury) to liver damage requiring a liver transplant. According to the FDA, symptoms of liver injury include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching and loss of appetite. Other health problems associated with the use of Hydroxycut products reported to the FDA include seizures, cardiovascular disorders and a type of muscle damage known as rhabdomyolysis that can lead to other serious health problems, including kidney failure.

 

If you have purchased and used a Hydroxycut product, please contact us to discuss your legal options.  

FDA Warns Consumers To Avoid Certain Weight Loss Products

The Food and Drug Administration (“FDA”) has issued a warning to consumers to avoid more than two dozen weight loss products because they contain undeclared ingredients that could pose serious health risks. The products claim to contain only “natural” or “herbal” ingredients, but in fact contain undeclared ingredients such as anti-seizure medication to suspected carcinogens.

For example, the FDA analysis of these weight loss products found unlisted ingredients such as sibutramine (a controlled substance), rimonabant (a drug not approved for sale in the U.S.), phenytoin (an anti-seizure medication), and phenolphthalein (a suspected cancer-causing agent). In addition, some of the amounts of active listed ingredients greatly exceed FDA recommended levels, putting consumers’ health at risk.

 

Some of the dangerous weight loss products identified by the FDA are: Fatloss Slimming, Japan Lingzhi 24 Hours Diet, 7 Day Herbal Slim, 999 Fitness Essence, Imelda Perfect Slim, Perfect Slim, ProSlim Plus, Slim Express 360, Superslim, Venom Hyperdrive 3.0, Slim Waist Formula, Sana Plus, Slim Burn, Slim 3 in 1 Extra Slim Waist Formula, 2 Day Diet Slim Advance, Meili, Cosmo Slim, Body Creator and 21 Double Slim.

 

The FDA advises consumers who have used any of these products to stop taking them immediately and consult their doctors. The FDA is also seeking to have the products recalled.

 

To read the FDA news alert and for a complete list of these dangerous weight loss products, click here.

 

If you have a purchased any of these weight loss products, please contact us to discuss your legal options.