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Read this and tell me if you're still interested in using the stuff...
Nixon sues maker of Hydroxycut for misrepresenting safety concerns of ephedra, weight loss effectiveness
Jefferson City, Mo. — Attorney General Jay Nixon today filed a lawsuit ( 105K) in St. Louis against the maker of Hydroxycut, marketed to consumers as a safe and tested over-the-counter way to lose bodyfat rapidly. Hydroxycut is sold in several retail store chains, through television ads and on several Web sites.
Nixon said manufacturer MuscleTech Research and Development Inc., based in Mississauga, Ontario, did not disclose safety risks associated with Hydroxycut containing ephedra, and that claims that Hydroxycut was "clinically proven" to be a "fat-burner" were false.
"MuscleTech's own consultants had serious concerns about the safety of Hydroxycut, but the company continued to market the product," Nixon said. "The disclaimers and warnings on the bottle label are so small as to be useless to many consumers, so they would not be able to read that the disclaimers would preclude use of Hydroxycut by most of the adult population of the United States, including anyone who drinks coffee or cola containing caffeine."
The lawsuit claims that in order to obtain the research results it sought, MuscleTech would replace research subjects who had to drop out of the company's studies because they could no longer tolerate the Hydroxycut or because it became too dangerous for them to continue. In at least one study, Nixon said, those dropouts were concealed and not treated as an adverse effect of Hydroxycut. In another study cited in the lawsuit, one subject was rushed to the hospital due to a serious change in heartbeat. This incident was not treated as an adverse reaction in the final study.
MuscleTech claims the Hydroxycut it is producing now is ephedra-free, but Nixon said there are unknown quantities of Hydroxycut still being sold that contain ephedra.
Nixon also said MuscleTech's advertising campaign using "before" and "after" photographs was deceptive, using different lighting and poses to create specific impressions. In one case, the "before" and "after" photos of one woman showed her as much trimmer in the "after" photo but did not disclose that the woman was recently pregnant in the "before" photo or that she was a well-known fitness model before she used Hydroxycut.
"Consumers should not be fooled by photos of professional body-builders and fitness models into thinking that being fit and trim comes from a bottle and comes quickly," Nixon said. "It's important to know all the facts — and all the risks — when starting any weight loss program. Real health experts will tell you that there are no shortcuts to fitness, and that reducing calories and exercising regularly after you consult your physician are essential."
Nixon also said MuscleTech ignored or omitted information from some of its studies that showed Hydroxycut did not "burn fat," as advertised; any benefit for weight loss would come from the product's appetite-suppressing effect, one study conducted by the University of Guelph showed. Another study showed that even when there was a weight loss, there was an increase in fat, meaning that the loss was of muscle.
The lawsuit, filed today in St. Louis City Circuit Court, asks that MuscleTech be prohibited from making misrepresentations to consumers in the future and that the company be ordered to pay restitution to any Missouri consumers harmed by the misrepresentations, as well as undetermined penalties and investigative and court costs to the state. |
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Tue Mar 22, 2005 2:18 pm |
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