The marketers of Pedia Loss, a purported children’s weight-loss product, and Fabulously Feminine, a supposed female libido enhancement product, have agreed to settle Federal Trade Commission charges that they made false and misleading claims about their products.
The FTC’s complaint alleged that the defendants could not support claims that Pedia Loss causes weight loss in overweight or obese children ages six and over, and that when taken by overweight or obese children, Pedia Loss suppresses appetite, increases fat burning, and slows carbohydrate absorption. The FTC also alleged that the defendants could not support claims that Fabulously Feminine will increase a woman’s libido, sexual desire, and sexual satisfaction. The FTC further alleged the defendants falsely claimed that clinical testing proves Fabulously Feminine enhances a women’s satisfaction with her sex life and level of sexual desire.
The defendants under the proposed agreement, Vineet K. Chhabra (also known as Vincent K. Chhabra) and his companies, Dynamic Health of Florida, LLC, and Chhabra Group, LLC, are based in Weston, Florida. The other two defendants named in the FTC’s complaint, Jonathan Barash and DBS Laboratories, LLC, previously settled the charges against them.
The proposed agreement, announced today, requires that the defendants rely on competent and reliable scientific evidence to substantiate weight loss, appetite suppression, fat burning, or carbohydrate absorption claims for Pedia Loss or any other dietary supplement, food, or drug. The defendants must have competent and reliable scientific evidence to substantiate claims that Fabulously Feminine or any other dietary supplement, food, or drug will increase a woman’s libido, sexual desire, or sexual satisfaction. The proposed order also prohibits the defendants from making unsubstantiated benefits, performance, or efficacy claims for any dietary supplement, food, or drug, and prohibits the defendants from misrepresenting any test or study. Finally, it contains recordkeeping provisions to assist the FTC in monitoring compliance.
The Commission vote to accept the consent agreement, subject to public comment, was 5-0. The FTC will publish an announcement regarding the agreement in the Federal Register. The agreement will be subject to public comment for 30 days, beginning today and ending on May 5, 2006. Comments should be addressed to the FTC, Office of the Secretary, Room H-135,
600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC requests that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions.
NOTE: A consent agreement is for settlement purposes only and does not constitute an admission of a law violation. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of $11,000.
Copies of the complaint, proposed consent agreement, and an analysis of the agreement to aid in public comment are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint in English or Spanish (bilingual counselors are available to take complaints), or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at http://www.ftc.gov/ftc/complaint.htm. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to thousands of civil and criminal law enforcement agencies in the U.S. and abroad.