Companies To Pay $3.2 Million for Unsubstantiated Claims

Companies To Pay $3.2 Million for Unsubstantiated Claims

WASHINGTONWellquestInternational Inc. and Tony Hoffman Productions Inc. (THPI) agreed to settlewith the Federal Trade Commission (FTC) for making false and unsubstantiatedclaims regarding three products: Bloussant (a breast-enhancement product), EnerX(a mens virility product) and D-Snore (a snore product). The defendants namedin the case also agreed to settle charges that they made misrepresentations andfailed to disclose material terms in connection with third-party buying clubmemberships they up-sold to consumers after they agreed to purchase Wellquestproducts. As a result, the defendants will pay $3.2 million in consumer redress.

Persons named in the complaint include Wellquestspresident, Eddie Mishan, and THPIs president, Anthony Hoffman, in addition toMark Buchfuhrer, M.D., who endorsed D-Snore, a liquid vitamin mouth spraypromoted to reduce snoring and mitigate symptoms of sleep apnea.

Other questionable claims included those for Bloussant(www.bloussantproduct.com) that touted the product as increasing a womansbreasts by two cup sizes. The product, which contains herbs such as saw palmettoand fennel seed, cost $220 for a two-month supply and was advertised in womensmagazines such as Elle and Allure. EnerX, containing yohimbine andsold for $109 for a two-month supply, was also marketed in magazines, and innewspaper ads, commercials, direct mail and the Internet.

FTCs order requires Wellquest, THPI, Mishan and Hoffman topossess scientific substantiation before making the challenged claims again.