Georgia Firm Faces FTC Charges for Weight-Loss, ED Claims

WASHINGTON--The Federal Trade Commission (FTC) on Nov. 24 filed charges against three related dietary supplement marketing firms located in Norcross, Ga., and their corporate officers for deceptive advertising for their weight-loss and erectile dysfunction (ED) products. FTC (www.ftc.gov) charged National Urological Group Inc., National Institute for Clinical Weight Loss Inc. and Hi-Tech Pharmaceuticals for making deceptive claims about the safety and efficacy of the products Thermalean, Lipodrene and Spontane-ES. The agency is seeking injunctive and other equitable relief including consumer redress, restitution and disgorgement of ill-gotten gains.

FTC alleged the defendants' direct mail and Internet advertisements contained false and unsubstantiated weight-loss claims for Thermalean and Lipodrene, two dietary supplements with ephedra. Among the claims were that Thermalean combined the weight-loss activities of three prescription drugs, and that Lipodrene had undergone substantial clinical testing proving consumers could lose substantial amounts of weight safely. FTC's filing noted the defendants have not advertised or sold the products since the Food and Drug Administration (FDA) in April 2004 prohibited the sale of dietary supplements containing ephedra.

The third supplement, Spontane-ES, reportedly contained yohimbine and was marketed as an effective and safe treatment for ED. FTC is challenging both the 90 percent efficacy rate touted by the defendants, as well as the safety claim.