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Texas AG Suing Body Solutions Maker

Dec 5, 2002 | San Antonio Business journal

Texas Attorney General Greg Abbott has filed suit against San Antonio-based Mark Nutritionals Inc., maker of the Body Solutions dietary supplement, alleging the company has engaged in deceptive advertising.

Abbott states in a news release that Mark Nutritionals and owners Harry Siskind and Edward D'Alessandro have allegedly engaged in manufacturing, marketing and distributing a Body Solutions product known as Evening Weight Loss Formula without providing sound scientific studies to validate their claims about the product's benefits. Abbot says the company falsely claims the product will allow consumers to burn fat and lose weight while they sleep, without diet or exercise.

The lawsuit is the result of a 12-state investigation spearheaded by the Texas Attorney General's office and coordinated with the Federal Trade Commission. The FTC is also expected to file a federal lawsuit at some later date.

"To claim as they do that a person can take this product at night, avoid vigorous exercise and a disciplined diet and lose a lot of weight in the process just stretches the boundaries of both imagination and reality," Abbott says. "Given the fact that the company has no valid long-term studies to back up its claims, this office chose to lead an investigation with the Texas Department of Health, several other states and the Federal Trade Commission into this company's outrageous marketing practices."

The attorney general's office says sales of Evening Weight Loss Formula increased from $10 million in 1999, when the company began operating, to $100 million in 2001.

Abbott says his office will aggressively pursue its case against Mark Nutritionals despite the fact that the company filed for Chapter 11 bankruptcy protection in September.

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