FTC, Enforma Embroiled in Continuing Labeling Battle 37503

FTC, Enforma Embroiled in Continuing Labeling Battle

WASHINGTON--The Federal Trade Commission (FTC) announced Jan.10 that it asked the courts to order Woodland Hills, Calif.-based EnformaNatural Products Inc., its president and chief executive officer, Andrew Grey,and its executive vice president of sales and marketing, Michael Ehrman, to showcause as to why they should not be held in civil contempt. FTC charges that,despite agreeing not to, the company continued to advertise two purportedweight-loss supplements--Fat Trapper Plus and Exercise in a Bottle--usingunsubstantiated and misleading representations.

According to FTC's newest charges, the company is not providing any"competent and reliable evidence that either product performs asrepresented, and are therefore violating the court's order."

A federal district court was scheduled to review this case at a hearing onFeb. 4. Ultimately, FTC is seeking to excise the company's product names, FatTrapper, Fat Trapper Plus and Exercise in a Bottle. If the excision is granted,FTC is also requesting that all company products bearing deceptive andmisleading trade names be immediately recalled. Furthermore, FTC is asking foran accounting and disgorgement of all profits from sale of Fat Trapper, FatTrapper Plus and Exercise in a Bottle since May 11, 2000.

According to Grey, FTC's accusations are baseless and even deceptive."The most appalling thing is that we settled [in May 2000] with noadmission of liability," he reported. "We thought we were settling,but we really haven't." Edward Glenn, Enforma's attorney, added that thecompany plans to file against FTC once it contacts the FTC scientific expert whoevaluated the studies behind the two herbs.

FTC's complaint can be found on www.ftc.gov/opa/2002/01/enforma.htm.