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Happy day.

Maybe we’ll finally get rid of all the deceptive Internet ads for acai berry supplements featuring phony endorsements attributed to Oprah and Rachael Ray.   Maybe people will save their money and not put their faith in a tiny purple Brazilian berry.

The Federal Trade Commission announced today that it has filed a lawsuit against Central Coast Nutraceuticals, a Phoenix-based company that markets acai berry weight loss supplements and colon cleansers.   The agency announced the lawsuit in Chicago today and a U.S. district court has  ordered a temporary halt on the Internet sales scheme that allegedly scammed consumers out of million or more in 2009 alone through deceptive advertising and unfair billing practices. The FTC will seek a permanent prohibition.

Since 2007, victimized consumers have flooded law enforcement agencies and the Better Business Bureau with more than 2,800 complaints about the company, according to the FTC.  Last year, the Better Business Bureau named fake “free” trial offers – including those for acai supplements offered by the defendants in this case – as one of the “Top 10 Scams and Rip Offs of 2009.”

“Too many ‘free’ offers come with strings attached,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. “In this case, the defendants promised buyers a ‘risk free’ trial and then illegally billed their credit cards again and again – and again. We estimate that about a million people have fallen victim to this scam. As if that weren’t enough, there were fake endorsements from celebrities like Oprah Winfrey and Rachael Ray for a product that didn’t work in the first place.”

The FTC charged Central Coast Nutraceuticals, Inc. two individuals (Graham D. Gibson and Michael McKenzy)  and four related companies with multiple violations, including deceptively advertising AcaiPure, an acai berry supplement, as a weight-loss product, and Colopure, a colon cleansing supplement, as an aid for preventing cancer.  The companies affiliated with Central Coast Nutraceuticals are iLife Health and Wellness LLC; Simply Naturals LLC; Health and Beauty Solutions LLC and Fit for Life LLC.



The FTC complaint alleges that to sell AcaiPure, the marketers made dramatic claims on their website, including:

“WARNING! AcaiPure Is Fast Weight Loss That Works. It Was Not Created For Those People Who Only Want To Lose A Few Measly Pounds. AcaiPure was created to help you achieve the incredible body you have always wanted …USE WITH CAUTION! Major weight loss in short periods of time may occur.”

In pitching Colopure, the defendants cited frightening statistics about colon cancer, while promising that their product would get rid of consumers’ “excess weight and toxic buildup.”

The marketers also deceived consumers about their purported “free” or “risk free” trial offers, and about the charges and refund terms consumers could expect, according to the FTC’s complaint. The FTC also alleges that the marketers made numerous additional unauthorized charges to consumers’ credit and debit card accounts.

The alleged deceptive practices include:

NOTE: The Commission files a complaint when it has reason to believe that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendants have actually violated the law.

I’ve been concerned about the aggressive, misleading acai ads for quite some time.  Maybe you remember my previous posts, including Dirty Dealings of a Brazilian Berry. So I was thrilled to see this action today by the FTC.  It’s a drop in the bucket — so many other supplements are making outrageous claims.  But it was a little victory and I’ll take that.

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acai berry, AcaiPure, colopure, Dietary Supplements, FTC, FTC lawsuit, Health Claims