FTC Takes Action Against Three Ephedra Marketers
WASHINGTON (Reuters) - U.S. regulators said on Tuesday they had sued one
marketer of the weight-loss supplement ephedra and settled charges
against two others, accusing them of making bogus claims about the
controversial stimulant.
The Federal Trade Commission (FTC) said it had challenged claims that
the companies' ephedra-containing supplements would allow users to lose
substantial weight without diet or exercise, and that the products were
"perfectly safe" or had no side effects.
Ephedra is a stimulant that has been marketed as a weight-loss aid,
energy booster and sports-performance enhancer.
Earlier this year U.S. health officials warned against taking dietary
supplements containing ephedra after it was cited in the death of a
professional baseball player.
On Tuesday the FTC said it had settled cases against Health Laboratories
of North America Inc. and USA Pharmacal Sales Inc. after the companies
promised to stop making false and deceptive advertising claims.
FTC officials estimated that Health Laboratories sold about $35 million
worth of weight-loss and other supplements, while Pharmacal sold about
$9 million.
The companies also agreed to include warnings about the health risks of
ephedra and certain other products, and to pay $370,000 in consumer
redress, the FTC said.
Representatives of USA Pharmacal were not immediately available for
comment. An attorney for Health Laboratories director Marc Kaplan called
the settlement "fair." He said Kaplan had admitted no wrongdoing.
"Mr. Kaplan believes that he can move forward really with a true sense
that he's cooperated with the FTC," said Kaplan's attorney, James
Prochnower.
Meanwhile, FTC attorneys are pressing ahead with a lawsuit against two
California men and three companies they control, charging that they also
made false or unsubstantiated claims about ephedra-containing
supplements sold under the names Zymax and MillinexES.
The FTC said it is seeking monetary civil penalties from Michael Levey
and Gary Ballen and their companies. It's also seeking an injunction and
consumer redress from all the defendants.
Levey and Ballen were not immediately available for comment.
Ephedra, derived from the Chinese herb ma huang, is an adrenaline-like
stimulant affecting the heart and nervous system.
Manufacturers of the supplement have insisted their product is safe when
taken as directed, but some consumer groups are lobbying to have ephedra
products banned completely.