Two Hydroxycut Class Actions Filed
Suits follow recall of liver-damaging dietary supplement

Hydroxycut
 • Two Hydroxycut Class Actions Filed
• FDA Warns Consumers to Stop Using Hydroxycut Weight-Loss Products
• Consumer Complaints about Hydroxycut

Two class action lawsuits have been filed in the wake of the recall of Hydroxycut, a popular weight-loss supplement that has been linked to liver damage and other life-threatening side effects.

The suits, filed in Canada and Tennessee, accuse Iovate Health Sciences, which manufactures Hydroxycut, of failing to warn of the drug’s dangers or take proper precautions to protect its users.

Hydroxycut was voluntarily recalled on May 1 after the Food and Drug Administration (FDA) identified numerous health risks posed by the drug. The Administration received 23 complaints of liver damage resulting from use of the product, ranging from jaundice to the need for a transplant. A 19-year-old man died in March 2007 from liver failure apparently caused by Hydroxycut; amazingly, the death was not reported to the FDA until March of this year.

The drug poses other serious risks, including heart failure, seizures, and rhabdomyolysis, a muscle condition where muscle fibers break down to the point that they are released into the bloodstream. In some serious cases, this condition can lead to kidney failure.

The Canadian suit, filed on May 4, defines a class of any Canadian who purchased Hydroxycut after May 1, 2003. The suit alleges that Iovate failed to warn on the label of Hydroxycut’s possibly serious side effects. The suit seeks $20 million plus punitive damages.

The Tennessee suit, filed on May 20 in the United States District Court for the Middle District of Tennessee, defines a class of anyone who purchased a Hydroxycut product. The lead plaintiffs, all from Tennessee, spent varying amounts of money on Hydroxycut products before the recall was announced. The suit alleges counts under negligence, breach of express and implied warranties, fraud, failure to warn, unjust enrichment and violations of the Tennessee Food, Drug and Cosmetic Act, among others.

The plaintiffs in the Tennessee action experienced a number of symptoms as a result of taking the drug, including nausea, vomiting, abdominal pain, headaches, and extreme fatigue.

Hydroxycut is Very popular
The extremely popular drug currently accounts for 90% of weight-loss supplement sales. In 2008, Iovate sold more than 9 million units of the drug.

The FDA’s advisory states that, “Although the liver damage appears to be relatively rare, FDA believes consumers should not be exposed to unnecessary risk.” Shortly after the statement was released, Iovate voluntarily recalled the drug from the market.

The FDA said that, while liver damage is rare, those affected did not exceed the recommended dosage of the drug. The Administration has yet to determine why the drug causes such damage.

The Los Angeles Times reported this week that an Army radio operator had to be medically discharged after suffering from a serious case of rhabdomyolysis, most likely as a result of using Hydroxycut during a three-month period in 2007. Robert Tropea suffered from serious muscle aches and had black urine. Moreover, tests showed extremely serious organ and muscle damage.

Tropea conceded to the Times that he didn’t recognize a lot of the ingredients listed on the supplement’s label. “But they were selling it as something safe, and I took what they said and ran with it,” he said.

A statement on the website hydroxycutinformation.com explains that, “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.”

Hydroxycut Recalled products
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

The FDA 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.

Texas Curbs Acai Berry Supplement Maker Firm accused of abusing negative option marketing

FXsupplements.com and

AcaiBerryMaxx.com  Consumer Abuses

A Texas company selling acai berry supplements has agreed to end a number of consumer abuses, following an investigation by Texas Attorney General Greg Abbott.

Under the settlement, FXsupplements.com, based in Arlington, Texas, agreed to stop shipping unauthorized orders to customers, refrain from making false health claims, and clearly disclose its terms of service to future purchasers. The online vendor also agreed to provide refunds to customers that it overcharged for its products.

Distributor Austin Hilton widely advertised the “acai berry” supplement as reducing the risk of heart attack, Alzheimer’s disease and cancers. His advertising materials also claimed the product could limit premature aging.

Web advertisements indicated that the Acai Berry Maxx product was “naturally potent in antioxidants” and could flush up to 30 pounds of waste and toxins from the body. Hilton’s claims are not backed by sound scientific studies, and they have not been approved by the U.S. Food and Drug Administration.

When customers clicked on the FXsupplements.com or acaiberrymaxx.com advertising links, they were informed that they would have four minutes to place their orders before the free trial of the Acai Berry Maxx product expired. Customers who completed orders were asked to pay a $5.95 shipping and handling fee. To make the required payment, purchasers had to provide their credit or debit card numbers.

The attorney general’s investigation found that this transaction led customers to a “terms and conditions” page that failed to clearly disclose several problematic provisions. By accepting the “free” 15-day supply valued at $65, Abbott said customers unwittingly entered into a “negative option” plan with the company. Under this scheme, FXsupplements.com would automatically “renew” orders after the 14-day trial period expired without customers’ express authorization to continue. The renewal forced customers to pay $80 for one-month supplies of Acai Berry Maxx, even after customers demanded cancellation.

According to state investigators, the negative option language embedded within the “terms and conditions” violated state law. Under the Texas Deceptive Trade Practices Act, terms providing for ongoing contractual obligations must be disclosed clearly and conspicuously on the contract.

Investigators also discovered that FXsupplements failed to promptly ship orders. As a result, customers did not receive their free products until the free-trial had nearly expired. This gave customers little time to try the products without obligation and decide whether to order additional products. Meanwhile, Hilton and his companies automatically put customers onto a revolving shipment of prepaid products after the trial period ended without customers’ knowledge or consent.

While Hilton touted Acai Berry Maxx as a remedy or cure for diseases, FXsupplements’ “terms and conditions” contained fine-print language acknowledging that the products were not intended to diagnose, treat, cure or prevent any disorders and diseases. Importantly, the FDA has not approved Acai Berry Maxx as a drug with the curative properties claimed by Hilton.

Hilton and the defendant companies, which also includes Hilton HG, Ltd., agreed to numerous corrective measures and penalties, including customer restitution and Web page modifications. The agreed final judgment prohibits Hilton and FXsupplements from relying upon false advertising or deceptive schemes to sell the products. Under the agreement, material information cannot be obscured within the purchase agreements’ “terms and conditions.”

If the defendants employ the “negative option” billing plan in the future, they must clearly disclose the steps customers can take to discontinue their contract. Additionally, customers who are wrongly charged for unwanted products must receive prompt refunds. Hilton and his companies must also provide reliable telephone customer service in order for customers to contact the company.

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RoadMap to the Best Diet Aides
  
Diet  Success Tips

Before embarking on using diet pills, other diet products or even powerful diet drugs you may want to review expert weight loss research, and consumer diet product evaluations.   Learn which diet pills and diet products make the grade with Consumer Diet Reviews easy diet ratings. Quickly compare diet products and see which diet aides may best help you lose weight fast and most importantly safely.  

Don’t spend your hard earned money on products with inferior and potentially dangerous weight loss results.  

We’ve researched and studied hundreds of weight loss products available in your local stores and online and weeded through all the hype, to provide you with our top 10 diet products reviews.   We continuously research and investigate which diet pills perform best with little to no side effects.   The top three best performing weight loss diet supplements/products used safely by consumers just like you are:.
 Before you buy:

1.   Get your weight loss facts.  

2.   Obtain consumer diet reviews and see what other like you have to say about the diet product of interest to you.

3. Arm yourself with information and in-depth diet pills reviews by the experts.   Find out and:

—  Learn which weight loss pills and products are most effective.  
—  Find out which diets  are backed up by scientific clinical studies.
—  Make sure your diet aides come with  powerful proven ingredients that produce successful weight loss.
—  Avoid the potential dangerous side effects of diet drugs and other diet products.
—  Avoid all the marketing hype vs. real effective weight loss.
—  Find out which diet products come with a Diet Guarantee or your money back.
 
We’ve researched and studied hundreds of weight loss products available in your local stores and online and weeded through all the hype, to provide you with our top diet products reviews.   We continuously research and investigate which diet pills perform best with little to no side effects.   The top 5 best performing weight loss diet supplements/products used safely by consumers just like you are:

Anorex Reviews

Anorex-SF marketed under multiple brands including Leptoprin is a well hyped aggressively mass marketed weight loss supplement  .

Made by Klein-Becker.   Anorex-SF, is stimulant free version, or without Klein-Beckers’ original fat burner ingredient, Anorex.   As you may know, Anorex original formula active ingredient was banned by the FDA after celebrity athletes died after using similar based products.

Anorex-SF claims include that it is ” much too powerful for the casual dieter” and that is helps the dieter ” overcome your genetic predisposition to obesity” This product sounds incredibly powerful, defeating our DNA based predisposition to obesity it seem rather unbelievable.

Clearly, where there are signs of claims that are seemingly too good to be true a red flag should be raised.    Our editors and experts’ research revealed that the FTC reported in its press release that ” Ads for Various Diet Supplements and Topical Gels Don?t Cut the Fat, Says the FTC.  Companies Do Not Have Adequate Substantiation to Support the Claims” .   And the U.S. Federal Trade Commission charged (actual excerpt):

” …Anorex …respondents violated the FTC Act by making unsubstantiated fat and weight loss claims, false claims that clinical testing proves certain efficacy claims, and false claims that Daniel B. Mowrey, Ph.D, is a medical doctor….”

Here, there  are clear issues powerful FTC concerns.   Thus,  we urge consumers to take caution and review other diet aides with less troublesome track records.   Finaly, the last important question in our research was how effective was the newer Anorex-SF? vs. the original Ephedrine based diet supplement?   Does it deliver the same thermogenic and appetite supressing abilities as the original diet pill? How well does it work? Is Anorex-SF? the right product for most consumers?

Leptopril Reviews 
 
Leptopril, made by Generix Labs, shares much of its name with Leptoprin fat burner, produced by A.G. Waterhouse (also known as Klein Becker, and various other names.)   Clearly it’s no coincidence that Leptopril is identical in spelling, with exception of its last charter, with Leptorprin. A consumer could be easily confused into believing the diet supplement they reviewed was Leptoprin while it is Leptopril.  

Our Better-Whois research revealed that the registrant of the leptopril.com domain is Western Holdings LLC, which is one of the names Klein Becker operates under.  Clealy, Klein Becker is marketing the same product under different brands.  Moreover the leptopril website revealed that it is the ” exact same formula as Leptorpin-SD” .    
Our editors and experts’ research revealed that the FTC reported in its press release that ” Ads for Various Diet Supplements and Topical Gels Don?t Cut the Fat, Says the FTC. Companies Do Not Have Adequate Substantiation to Support the Claims” .   And the U.S. Federal Trade Commission stated (actual excerpt):

” …the FTC alleges that the respondents violated the FTC Act by making unsubstantiated fat and weight loss claims, false claims that clinical testing proves certain efficacy claims, and false claims that Daniel B. Mowrey, Ph.D, is a medical doctor.”

Here, there  are clear issues with consumer brand confusion and powerful FTC concerns.   Thus,  we urge consumers to take caution and review other diet aides with less troublesome track records.

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:

Relacore Reviews
 
Relacore is yet another slick and well  marketed diet product similar to Cortislim, that claims weight gain is the result of stress.   Thus, being overweight is not your fault, rather it’s the stress that’s responsible.   The company’s message is ” Excess tummy flab is not your fault: that’s the startling conclusion reached by scientists who discovered stress is the likely cause of stubborn belly fat” . Relacore’s message that you are not responsible. That it’s not your fault you are overweight is a troublesome message.   One that works to provide us with excuses and scapegoats for our weight loss troubles vs. helping us take responsibility for our food consumption and lack of exercise.   When something sounds too good to be true we take notice and urge consumers to do the same.
Clearly, most of us do not gain weight simply because we’re stressed but inactivity and consumption of more calories then we burn leads to weight gains.   Of course, Relacore’s slick and sophisticated sounding terms help position it as a unique diet solution to today’s hectic stressful lifestyle.  

Relacore contains vitamin C, a host of vitamin Bs, herbs and magnolia bark.   Effective claims include that it’s natural feel-good pill will reduce cortisol levels and, consequently, lessen belly fat.     However, dieters should be aware that there’s no evidence that Relacore can actually reduce cortisol levels and promote weight loss. Clearly that’s why the FDA sent a warning letter to marketers of Relacore.  
 
With governement sponored warnings about Cortisol’s based diet product’s effectiveness claims,  we urge consumers to take caution.   Finally, the last important question in our research was how effective was Relacore.   How well does it work? Is Relacore the right product for most consumers? Read below actual dieters reviews on Relacore.
 
Relacore Consumer Reviews:

—  I’ve been on Relacore for a month and have little to show for it.   I’ve seen virtually no weight change.   I’m going to switch to something else.   Melanie, USA 
—  The whole stress thing causes excess weight seems like baloney.   Relacore didn’t do a thing for me.    M  
—  Relacore worked a little for me, I lost 7lbs in about 4 months. Shap, USA
 —  Try something else that’s more likely to work.   Relacore didn’t really do much for both my boyfriend and me.   Both of us went on it and both failed to lose weight.    Hope, USA

Top Diet Pills / Diet Products Reviews: