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March 2, 2006
DC’s AG Settles Lawsuit Against a Diet Drug Maker

Washington, DC - Attorney General Robert J. Spagnoletti announced today that the District of Columbia and 16 states have reached a $5 million settlement agreement with Steve Warshak of Cincinnati, Ohio, and his dietary supplement firms Berkeley Premium Nutraceuticals, Lifekey, Boland Naturals, Warner Health Care, and Wagner Nutraceuticals (referred to collectively as "Berkeley") to bring their marketing practices into compliance with District of Columbia and state consumer protection laws.

Berkeley pitched dietary products in print and television ads, claiming the pills would correct numerous physical conditions - including enhancing sexual function.1

In a civil complaint filed in D.C. Superior Court on March 1, 2006, General Spagnoletti alleged that when consumers accepted a "free" trial offer of dietary supplement pills, Berkeley representatives failed to clearly inform them they would automatically receive and be billed for additional shipments in the future unless the consumer took affirmative steps to stop them, and that once enrolled, the companies made it difficult for consumers to cancel shipments or to get their money back. "Companies like Berkeley that choose to market their products with 'free' offers must do so in compliance with the law," said General Spagnoletti. "Consumers have the right to know all the terms of such offers and whether there are any conditions attached."

1The dietary supplement products marketed by Berkeley include: Altovis, Avlimil, Avlimil Complete, Dromias, Enzyte, Mioplex, Ogoplex, Numovil, Pinadol, Prulato, Rogisen, Rovicid, Suvaril, Nuproxi, and Rudofil.

 
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