Anafit Ordered to Halt False Claims About Diabetes Prevention and Treatment

Discussion in 'Fitness & Nutrition' started by Buzz Killington, Dec 8, 2008.

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  1. Buzz Killington

    Buzz Killington nunc fortunatus sum

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    http://www.ftc.gov/opa/2008/11/glucorell.shtm

    For Release: November 6, 2008
    Marketers of Dietary Supplements Ordered to Halt False Claims About Diabetes Prevention and Treatment

    The marketers of dietary supplements that purportedly prevented and treated diabetes have settled Federal Trade Commission charges that they engaged in deceptive advertising practices. According to the FTC’s complaint, Glucorell, Inc. and Anafit, Inc., both based in Orlando, Florida, made false and unsubstantiated claims that two dietary supplements, Insulow and Glucorell R, are effective for preventing and treating diabetes.

    Along with statements in their ads such as “Insulow® may be the only thing between you . . . and a needle,” the defendants also made unsubstantiated claims that Insulow prevents or reduces the risk of developing Type 2 diabetes; is an effective treatment for Type 1 and Type 2 diabetes; lowers high blood sugar levels; prevents or reverses insulin resistence; increases fat loss and decreases insulin-related obesity; and enables diabetics to reduce or eliminate the amount of drugs and insulin required to keep blood sugar levels healthy and reduce insulin resistance, according to the complaint. The Commission also alleged that the defendants falsely advertised that all of these claims except the last had been proven by clinical studies.

    The complaint also alleges that the defendants made unsubstantiated claims about Glucorell R. The defendants’ advertisements allegedly claimed that Glucorell R is effective for treating Type 2 diabetes, prevents or reduces the risk of developing Type 2 diabetes, and is effective in treating and preventing cancer. According to the complaint, the defendants also falsely advertised that the last two Glucorell R claims were proven by clinical studies.

    According to papers filed with the court, Glucorell, Inc. has been primarily responsible for packaging, distributing, and selling Insulow, and has marketed both supplements; while Anafit, Inc., has been responsible for packaging, distributing, selling, and marketing only Glucorell R.

    Under the terms of the order approved by the U.S. District Court for the Middle District of Florida on October 27, 2008, the defendants are prohibited from making the claims challenged in the complaint unless such claims are truthful, not misleading, and substantiated by competent and reliable scientific evidence. The defendants are also prohibited from making representations about the benefits, performance, or efficacy of any dietary supplement, food, or drug without competent and reliable scientific evidence.
    The order contains a judgment of $493,545, which is the total amount the defendants received in sales for Glucorell R and Insulow between January 2005 and May 2008. However, the entire judgment is suspended due to their inability to pay. If it is determined that the financial information given to the FTC was untruthful, then the full amount of the judgment will automatically become due.

    The complaint also names two of the companies’ principals, Laurence Berube and Jerel Scott Ferguson, as defendants. Both individuals have agreed to the terms of the stipulated order.

    The order contains various record keeping provisions to assist the FTC in monitoring the defendants’ compliance.

    NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant or respondent has actually violated the law. The stipulated final order is for settlement purposes only and does not constitute an admission by the defendants of a law violation. A stipulated final order requires approval by the court and has the force of law when signed by the judge.

    The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC's online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,500 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC's Web site provides free information on a variety of consumer topics.

    MEDIA CONTACT: Betsy Lordan
    Office of Public Affairs
    202-326-3707 STAFF CONTACT: Alysa Bernstein
    Bureau of Consumer Protection
    202-326-3289 (Gluco NR.wpd)
    (FTC File No. 072-3180)
    (Civil Action No. 6:08cv-1649-Orl-35KRS)

    http://www.ftc.gov/os/caselist/0723180/index.shtm

    Federal Trade Commission, Plaintiff, v. Glucorell, Inc., Anafit, Inc., Laurence Berube, and Jerel
    Scott Ferguson, Defendants
    (United States District Court for the Middle District of Florida)

    Civil Action No. 6:08cv-1649-Orl-35KRS
    FTC File No. 072 3180

    November 6, 2008
    Cliffs: the FTC is aggressive. Discuss.
     
  2. PurEvl

    PurEvl going out gassed and not half assed...

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    Guys keep this civil and lets hear what they got to say. Anthony roberts has this on his blog to.

    This is obviously no joke, thats the ftc for fucks sake and 500,000...
     
  3. 4cd-Air

    4cd-Air Rape seemed like the next logical step

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  4. Blade

    Blade Time to swolercize

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    I've never seen claims like that on AF's site.
     
  5. NUDES

    NUDES New Member

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    interesting.. i'd like to see a comment from AF on this just for curiosity sake
     
  6. daballer2005

    daballer2005 New Member

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    816 up in this bitch
  7. Formz

    Formz Hipster Santa OT Supporter

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    Why are they going after them when the entire supplement industry is based on false claims? Is it the language that is used? IE: "gain UP TO 10lbs in 2 weeks!"
     
  8. Buzz Killington

    Buzz Killington nunc fortunatus sum

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    I don't know anything about FDA regulations, but I imagine it was a combination of the aggressive marketing via very public channels and the nature of the condition it was marketed to. The FDA probably doesn't give the time of day to most fitness claims, but something related to a medical condition would get its attention.

    Wilford Brimley > manboobs
     
  9. Formz

    Formz Hipster Santa OT Supporter

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    [​IMG]
     
  10. Formz

    Formz Hipster Santa OT Supporter

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    Well, targeting could mean a couple different things.

    It could be that their claims were targeted to people with diabetes, OR that they actually targeted people with the disease on boards, tv, print, etc.

    Dammit too many questions. :mad:
     
  11. Buzz Killington

    Buzz Killington nunc fortunatus sum

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    If there is interest and/or I have time I will look up the documents filed at court. I have an account and can get into the docket.
     
  12. NUDES

    NUDES New Member

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    because it's targetted towards a medical condition which is dangerous territory to be stepping in i'd guess.. you can pose health risks for gullible people
     
  13. GTLifter

    GTLifter Banned

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    interested in response from Macro/Ulter
     
  14. camber

    camber Active Member

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    :eek3:

    and here is was just worried about Beta-Alanine giving me the shits
     
  15. MaineSucks

    MaineSucks OT Supporter

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    its still one of the best supplements I've ever taken. :dunno:
     
  16. retorq

    retorq What up bitch??

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    If you look at those they all have that disclaimer that says the claims have not been verified, do not use this product to diagnose or treat specific illnesses, etc, etc. That's more then likely what the fuss is all about. They aren't going to care who was targeted.
     
  17. Formz

    Formz Hipster Santa OT Supporter

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    Their website says the same thing:
    http://www.glucorellr.com/

    I guess we should all just stop speculating till we know, myself included. :o
     
  18. ulter

    ulter AFBoard owner

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    It's not a big deal. But thank you for grandstanding and making this a sticky as though it is.
    It started 2 years ago when the FTC decided to make all the companies that were selling diabetes or blood sugar products change their advertising. (See FTC email below) As you can see, it's not addressed to us, but rather all companies selling products for diabetes.
    For us that just meant changing the website and label.
    The FTC routinely goes after companies selling supplements. They filed the same type of complaint against Bayer for One a Day Vitamins last year. See: http://www.ftc.gov/os/caselist/bayercorp/070104complaint.pdf
    No one ever fights these, even companies as big as Bayer, because then they get pissed and spend too much time trying to find something else to fine you for.
    They didn't ask us to stop selling the product and that's why no one even noticed. The particular product they were asking to comply actually cost more than it made so there was no fine or monetary settlement.
    The complaint said there was no clinical research to support what we said. They left out that we submitted over 30 clinical studies to them proving what we said was true. One of the most convincing studies is published on the American Diabetes Association website. They wouldn't even look at it. Unless we submit the product for FDA approval, which costs over $60 million dollars, they would not consider any research done anywhere.

    Basically it's just their way of protecting the drug company profits.






    UNITED STATES OF AMERICA
    FEDERAL TRADE COMMISSION
    WASHINGTON, D.C. 20580


    TO: Internet Advertisers

    FROM: The Federal Trade Commission

    RE: Health Claims On Your Website For Diabetes Products

    DATE: June 13, 2006


    Deceptive Advertising Claims are Illegal

    The FTC staff recently reviewed your website and is sending you this letter as part of an industry compliance and education effort to remind you of your obligations under the law. Under the FTC Act, advertising claims for products and services must be truthful and not misleading. Health-related claims, like those made about diabetes on your website, must be supported by competent and reliable scientific evidence. It is against the law to make health claims without scientific support. It also is against the law to exaggerate the benefits of products or services or to mis-state the level of scientific support you have for your claims. Please note that consumer testimonials are not proof that your product works. They are claims that your product will provide the same benefit for other users and therefore, must be supported by competent and reliable scientific evidence.
    If your website makes any express or implied claims about the benefits of any diabetes-related product or service that is not substantiated by competent and reliable scientific evidence, or is otherwise deceptive or fraudulent, you must stop making them immediately.http://www.ftc.gov/opa/2001/06/cureall.htmhttp://www.ftc.gov
    /opa/2001/07/chrisenter.htmhttp://www.ftc.gov.opa/2001/07/chrisenter.htm
    http://www.ftc.gov/opa/2001/07/westbot.htm
    The FTC Act prohibits deceptive advertising in any medium, including the Internet. If your website contains any untruthful or unsubstantiated claims, you could face a law enforcement action. That could mean:
    1. A federal court injunction. Violations of court
    orders could result in civil penalties or criminal prosecution.
    2. An order to pay consumer refunds.
    3. Administrative orders with fines up to $11,000 per
    violation.

    Action Requested
    We urge you to review all diabetes-related claims on your website. If you don't have competent and reliable scientific evidence to support the claims - the kind of evidence scientists who are experts in the field would rely on - please change your claims or remove them altogether.
    FTC investigators have saved your website and will be revisiting it soon. Within 10 business days, please send an email to [email protected] <mailto:[email protected]> describing the actions you've taken or plan to take to address these concerns.
    To ensure that your website complies with the FTC Act, we suggest reviewing the following guidance from the FTC:
    1. Dietary Supplements: An Advertising Guide for Industry
    www.ftc.gov/bcp/conline/pubs/buspubs/dietsupp.htm
    http://www.ftc.gov/bcp/conline/pubs/buspubs/dietsupp.htm/


    2. Frequently Asked Advertising Questions: A Guide
    for Small Business www.ftc.gov/bcp/conline/pubs/buspubs/ad-faqs.htm

    3. Advertising and Marketing on the Internet: The
    Rules of the Road at www.ftc.gov/bcp/conline/pubs/buspubs/ruleroad.htm

    Please be advised that you must also comply with laws enforced by the Food and Drug Administration (FDA) that may apply to your product and the labeling claims you make for it. The Federal Food, Drug, and Cosmetic Act (FDCA) defines a drug, in part, as an article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of a disease, or to affect the structure or any function of the body.1 Drugs that are not generally recognized by qualified, scientific experts as safe and effective for the uses recommended or suggested in their labeling are considered to be new drugs.2 It is illegal to market a new drug in the U.S. without obtaining prior FDA approval.3 Violations of the FDCA may result in seizure of illegal products and/or an injunction
    against the manufacturers and distributors of those products. We have
    contacted the FDA about claims on your website. Remember that you are responsible for ensuring your compliance with both FDA and FTC laws.
    Unfair or deceptive acts or practices also are unlawful under
    many state laws. The standards under those laws may be different from
    the FTC Act. We have contacted your state Attorney General about the claims made on your website.
    Thank you very much. We look forward to hearing from you.


    [email protected]
     
  19. MaineSucks

    MaineSucks OT Supporter

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  20. NUDES

    NUDES New Member

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    interesting, I had a feeling it had to do with protecting $$.
     
  21. PurEvl

    PurEvl going out gassed and not half assed...

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    I wasnt grand standing shit, i got SERVERAL Pm's asking about it. I will post whatever i want in the forum that i mod. And fazle had been copied as well. And maybe you should think a little, alot of people on this forum love your shit, This blew off the page quick this morning so I stickied it. Maybe some people would like to defend you? Maybe you would like to state the case? If its no big deal, post in on your front page and let the people decide. Personally, anthony roberts has a hard on for ya, hes got it all over lol..

    And maine...im sure you taknig t3, not eating garbage, training harder, not drinking as much, doing cardio.. and other things had nothing to do with your weight loss....come the fuck on... :rofl:

    And it was posted in main ot..so really dont matter if its here or not.
     
    Last edited: Dec 8, 2008
  22. PurEvl

    PurEvl going out gassed and not half assed...

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    They dont state it doesnt work, they just state they want proof or else..


    and ulter do you have to actually do this?

    The order contains a judgment of $493,545, which is the total amount the defendants received in sales for Glucorell R and Insulow between January 2005 and May 2008. However, the entire judgment is suspended due to their inability to pay. If it is determined that the financial information given to the FTC was untruthful, then the full amount of the judgment will automatically become due.
     
    Last edited: Dec 8, 2008
  23. Buzz Killington

    Buzz Killington nunc fortunatus sum

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    If it worked as advertised for diabetes, wouldn't a lab be all over the company trying to buy and corner the rights? There is a hypothetically infinite market for this sort of product.
     
  24. GTLifter

    GTLifter Banned

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    I don't think the ingredients are copyrightable.
     
  25. Buzz Killington

    Buzz Killington nunc fortunatus sum

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    You could patent it.
     
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