Texas AG 5, Smiling Bob 0

DALLAS—Texas Attorney General Greg Abbott has wrangled a settlement from five companies owned by beleaguered Berkley Nutraceuticals’ honcho Steve Warshak (aka “Smiling Bob”), after a nearly two-year case alleging fraudulent and deceptive business practices against Texas consumers. The settlement covers 15 products, including Altovis, Mioplex, Numovil and Enzyte, the last of which was known for its “Smiling Bob” television commercials Under the settlement, Warshak will pay $350,000 in civil penalties and attorneys’ fees to the State of Texas. He and his five Ohio-based companies—Berkley, Lifekey Inc., Boland Naturals Inc., Warner Health Care and Warner Nutraceuticals—must refrain from deceptively promoting their products, and are also prohibited from offering “free” product trials unless the promotions clearly give consumers a way to cancel after the trial period ends. The funds collected under the agreement will help provide refunds for Texas consumers.

“Texans will not tolerate falsely advertised, unproven health care supplements,” Abbott said. “We are committed to cracking down on companies that make false claims about dietary supplements. This judgment ensures that appropriate restitution is available to the good folks who were deceived by these defendants.”

For more information, visit www.oag.state.tx.us or call (800) 252-8011.