An operation that marketed dietary supplements sold at Whole Foods Market, GNC, the Vitamin Shoppe, and on the Internet settled Federal Trade Commission charges that they made deceptive advertising claims about their supplements. The FTC charged that Garden of Life, Inc., a dietary supplement company based in West Palm Beach, Florida, and its founder and owner, Jordan S. Rubin, made unsubstantiated claims that their supplements treated or cured a variety of ailments, ranging from colds to cancer, and also made false claims of clinical proof. The settlement prohibits deceptive claims about the results of tests or studies and requires claims by the defendants to be substantiated by competent and reliable scientific evidence.
The FTC's complaint targeted claims about four dietary supplements: Primal Defense, RM-10, Living Multi, and FYI. According to the complaint, the defendants made unsubstantiated advertising claims that:
RM-10 treats cancer, helps lower users' blood cholesterol levels, prevents and treats cardiovascular disease, and treats immune system disorders;
Living Multi reduces the risk factor for diabetes and prevents diabetes-related syndromes, reduces the risk of obesity, and reduces inflammation; and
FYI (For Your Inflammation) treats and prevents inflammation, including inflammation caused by arthritis, inflammatory bowel disease, sports injuries, asthma, allergies, fibromyalgia, lupus, scleroderma, and other inflammatory conditions. The FTC also alleged that the defendants made false claims that clinical studies prove that:
Primal Defense reduces users' blood cholesterol levels by 25 percent or more; improves users' energy levels, memory, and concentration; and mitigates the symptoms of most patients with chronic lymphocytic leukemia stage II;
RM-10 treats immune system disorders and cancer;
Living Multi has a proven nutritional formula; and
FYI treats rheumatoid arthritis and reduces the effects of inflammation. Garden of Life and Jordan Rubin will pay $225,000 in consumer redress as part of the settlement. If it is found they misrepresented their financial status, they will be responsible for the full judgment of more than $47 million - the total gross sales of the four dietary supplements. The settlement also prohibits the defendants from making claims similar to the ones challenged in the FTC's complaint, unless they have competent and reliable scientific evidence substantiating the claims. Furthermore, the settlement requires the defendants to have such evidence whenever they make any claim about the health benefits, performance, efficacy, safety, or side effects of any food, drug, or dietary supplement, or any program that includes such a product. The defendants also are prohibited from misrepresenting the results of any test or study when marketing such products and programs.
The Commission vote to authorize staff to file the complaint and stipulated final order was 5-0. The complaint and stipulated final order were filed in the U.S. District Court for the Southern District of Florida on March 8, 2006.
5dana8
Frequent Contributor (1K+ posts)
Member # 7935
posted
Thanks for posting this condor.
I am sorry to hear about this law suite.
I use some of his produts and like them. Although I used primal defense for a year and didn't notice any real difference.
Not really sure why people who try a product and because it doesn't work sue?
But I do like his super green powder and his cod liver oil.
Take care 'dana
-------------------- 5dana8 Posts: 4432 | From some where over the rainbow | Registered: Sep 2005
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dontlikeliver
Frequent Contributor (1K+ posts)
Member # 4749
posted
Thanks for that.
It could be coincidence, but I used PD 'heavily' for about 18 months and it would appear that it might have been causing ongoign stomach problems I developed at the end of last summer that went on for several months. Once I quit the PD strangely my stomach MUCH better.
My LLMD said I was not the first to have stomach problems possibly brought on by PD.
Posts: 2824 | From The Back of Beyond | Registered: Oct 2003
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Aniek
Frequent Contributor (1K+ posts)
Member # 5374
posted
You may want to rename this to say "Warning" or something like that.
I'm sorry to hear this. I actually have yeast herxes when I start primal defense after not taking it for a while.
-------------------- "When there is pain, there are no words." - Toni Morrison Posts: 4711 | From Washington, DC | Registered: Mar 2004
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posted
>> Not really sure why people who try a product and because it doesn't work sue?
This is not about consumers claiming that the product does not work. It is a government suit brought against a company for making false/unsubstantiated claims.
-------------------- Suzanne Shaps STAND UP FOR LYME Texas (www.standupforlyme.org) (Please email all correspondence related to protecting Texas LLMDs to [email protected] with copy to [email protected]) Posts: 977 | From Austin, TX, USA | Registered: May 2004
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HEATHERKISS
Frequent Contributor (1K+ posts)
Member # 6789
posted
I happen to like primal defence.
I've been taking it from the beginning and knock on my head no stomache problems yet........
-------------------- HEATHER
Posts: 1974 | From ABERDEEN, NJ 07747 | Registered: Jan 2005
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If I am reading this correctly, this suit is not saying that PD is not an effective probiotic, only that it does not fulfill a number of claims that the company has made about it.
-------------------- Suzanne Shaps STAND UP FOR LYME Texas (www.standupforlyme.org) (Please email all correspondence related to protecting Texas LLMDs to [email protected] with copy to [email protected]) Posts: 977 | From Austin, TX, USA | Registered: May 2004
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Aniek
Frequent Contributor (1K+ posts)
Member # 5374
posted
Yes, but it says something about the company that they made those claims. They are pretty big claims, and I personally don't know if I want to support their business anymore.
-------------------- "When there is pain, there are no words." - Toni Morrison Posts: 4711 | From Washington, DC | Registered: Mar 2004
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posted
The Vitamin Shoppe I use gave away copies of his book, and in it he claims to have cured his grandmother of cancer. He has certainly made a lot of claims, and it is not surprising the feds jumped on him.
Posts: 8430 | From Not available | Registered: Oct 2000
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If I am reading this correctly, this suit is not saying that PD is not an effective probiotic, only that it does not fulfill a number of claims that the company has made about it. [/QB]
Exactly. Why make claims when the product's own benefits will be apparent when you take it?? As I always say, "The proof is in the pudding." It either works, or it doesn't.
The feds don't like ANYTHING that could hurt their profits from drug companies!!
-------------------- --Lymetutu-- Opinions, not medical advice! Posts: 96223 | From Texas | Registered: Feb 2001
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posted
I use Garden of life perfect food and it really helps me.
The FDA is after anyone who claims they can help with anything. They want to drive anything alternative out of business. Big Pharma (Wyeth) is trying to stop the sale of bio-identical compounded hormones (that work safely for many women) after their own synthetic Hormone replacement therapy products like Premarin were found to be harmful to women. Wheres the law suit for that? The FDA could care less about your health - its all about big pharma and money folks....
-------------------- Nori Posts: 109 | From Virginia | Registered: Mar 2006
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The FDA is after anyone who claims they can help with anything. They want to drive anything alternative out of business. Big Pharma (Wyeth) is trying to stop the sale of bio-identical compounded hormones (that work safely for many women) after their own synthetic Hormone replacement therapy products like Premarin were found to be harmful to women. Wheres the law suit for that? The FDA could care less about your health - its all about big pharma and money folks.... [/QB]
Absolutely correct!! I will come back and post the info on the bio-identical hormones for everyone. You can write and tell the FDA what you think about it! I did and I'm sure they didn't like what I said!!
-------------------- --Lymetutu-- Opinions, not medical advice! Posts: 96223 | From Texas | Registered: Feb 2001
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