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Not exactly suprising news, but....
Federal Judge Grants Motion for Preliminary Injunction Finding Advertisements False for 'Number One-Touted' Weight Loss Product in U.S.
Issue: Dec 14, 1999
SALT LAKE CITY, Dec. 14 /PRNewswire/ -- In a detailed 24-page Memorandum Decision filed in the United States District Court for District of Utah (Case No. 2:99-CV-0343-S), Federal Judge David Sam, granted a motion for a Preliminary Injunction filed by Basic Research, L.L.C. against its competitor Cytodyne Technologies. Judge Sam found the advertising claims for Cytodyne's weight loss pill Xenadrine RFA-1 were "literally false as a factual matter because the studies and trials referenced in the advertising do not support [Cytodyne's] claims." The Court held in part "that the [Xenadrine] advertisements have a tendency to deceive a substantial portion of the consuming public." And, furthermore, that "consumer deception by its very nature is against the public interest."
For more than a year the "literally false" Xenadrine advertisements were regularly featured in nationally distributed health and fitness magazines such as the popular bodybuilding magazine Muscle & Fitness. The advertisements cited -- falsely claimed that seven (7) published studies authored by four (4) experts in the field of obesity proved that:
-- [Xenadrine was] shown in clinical studies to be 29% more effective
than the recently banned prescription weight loss formulas.
-- Xenadrine's high tech formula contains an advanced thermogenic
synergist that has been shown to make this formula up to 54% more
effective than virtually all other thermogenics.
-- Unlike other weight-loss products, Xenadrine's thermogenic activity is
not decreased the longer you use it. To the contrary Xenadrine's
potent thermogenic fat burning effects actually increase.
-- Xenadrine's advanced thermogenic formula has been shown to actually
spare lean muscle tissue that normally would be lost [sic] during a
rapid weight loss cycle or a calorie restricted diet. This is due to
the stimulation of beta-2 receptors.
-- Xenadrine's revolutionary thermogenic compound has been proven
effective through a vast series of scientific studies which offer
irrefutable proof to the extraordinary fat burning/muscle sparing
effects that are possible. No other thermogenic formula is backed by
this number of published scientific studies!
The Court concluded that "Based on a review of the advertisements and the sworn declarations submitted by the parties, the referenced studies do not support defendant's [Cytodyne's] claims, thus, are facially false."
"In preparing our false advertising case against Xenadrine, we received affidavits from all four (4) of the authors of the seven (7) studies cited by Cytodyne in support of Xenadrine claims," says Basic Research Attorney John Swallow. "Each one of the authors stated under oath that the studies did not support Xenadrine's claims. Having found the falsity of the advertising claims 'literally false' the Court granted a rare motion for a Preliminary Injunction in every instance, except it did not require a recall of the Xenadrine product. The Court encourages parties to work out details of the proposed order."
Federal Judge Grants Motion for Preliminary Injunction Finding Advertisements False for 'Number One-Touted' Weight Loss Product in U.S.
Issue: Dec 14, 1999
SALT LAKE CITY, Dec. 14 /PRNewswire/ -- In a detailed 24-page Memorandum Decision filed in the United States District Court for District of Utah (Case No. 2:99-CV-0343-S), Federal Judge David Sam, granted a motion for a Preliminary Injunction filed by Basic Research, L.L.C. against its competitor Cytodyne Technologies. Judge Sam found the advertising claims for Cytodyne's weight loss pill Xenadrine RFA-1 were "literally false as a factual matter because the studies and trials referenced in the advertising do not support [Cytodyne's] claims." The Court held in part "that the [Xenadrine] advertisements have a tendency to deceive a substantial portion of the consuming public." And, furthermore, that "consumer deception by its very nature is against the public interest."
For more than a year the "literally false" Xenadrine advertisements were regularly featured in nationally distributed health and fitness magazines such as the popular bodybuilding magazine Muscle & Fitness. The advertisements cited -- falsely claimed that seven (7) published studies authored by four (4) experts in the field of obesity proved that:
-- [Xenadrine was] shown in clinical studies to be 29% more effective
than the recently banned prescription weight loss formulas.
-- Xenadrine's high tech formula contains an advanced thermogenic
synergist that has been shown to make this formula up to 54% more
effective than virtually all other thermogenics.
-- Unlike other weight-loss products, Xenadrine's thermogenic activity is
not decreased the longer you use it. To the contrary Xenadrine's
potent thermogenic fat burning effects actually increase.
-- Xenadrine's advanced thermogenic formula has been shown to actually
spare lean muscle tissue that normally would be lost [sic] during a
rapid weight loss cycle or a calorie restricted diet. This is due to
the stimulation of beta-2 receptors.
-- Xenadrine's revolutionary thermogenic compound has been proven
effective through a vast series of scientific studies which offer
irrefutable proof to the extraordinary fat burning/muscle sparing
effects that are possible. No other thermogenic formula is backed by
this number of published scientific studies!
The Court concluded that "Based on a review of the advertisements and the sworn declarations submitted by the parties, the referenced studies do not support defendant's [Cytodyne's] claims, thus, are facially false."
"In preparing our false advertising case against Xenadrine, we received affidavits from all four (4) of the authors of the seven (7) studies cited by Cytodyne in support of Xenadrine claims," says Basic Research Attorney John Swallow. "Each one of the authors stated under oath that the studies did not support Xenadrine's claims. Having found the falsity of the advertising claims 'literally false' the Court granted a rare motion for a Preliminary Injunction in every instance, except it did not require a recall of the Xenadrine product. The Court encourages parties to work out details of the proposed order."
