Attorney General's News Release

May 4, 2004

Distributor of diet supplement that contained ephedra pays Missouri $100,000 under agreement with Attorney General Nixon

The lawsuit claimed MuscleTech used misleading "before" and "after" photos including a "before" photo of a model who had just given birth, without mentioning it.

Jefferson City, Mo. — The distributor of the weight loss product Hydroxycut has paid $100,000 to the state of Missouri to resolve a lawsuit brought by Attorney General Jay Nixon. Nixon sued Canadian-based MuscleTech Research and Development Inc. in March 2003, alleging the company misrepresented safety concerns and the effectiveness of Hydroxycut, which had contained ephedra. The Food and Drug Administration banned the sale of dietary supplements containing ephedra last month.

"Advertising must be truthful, particularly where the health and safety of consumers are concerned," Nixon says. "Consumers were being misled by ads that claimed Hydroxycut was 'scientifically proven' in helping to lose weight. Instead, MuscleTech would change the results by replacing research subjects who had to drop out of the company's studies because they could no longer tolerate the Hydroxycut or because it became too dangerous for them to continue."

The agreement between Nixon and MuscleTech includes the following:

• MuscleTech will not sell products containing ephedra in Missouri, even if the federal government changes its rules regarding ephedra sales;
• MuscleTech will provide refunds to Missouri buyers of its ephedra products; and
• MuscleTech will pay $100,000 to the Missouri Merchandising Practices Revolving Fund.

The lawsuit claimed MuscleTech used misleading "before" and "after" photos including a "before" photo of a professional fitness model who had just given birth, without mentioning that as a factor in her subsequent weight loss. The company also used warning labels so small they could not be read — warnings that would preclude use of Hydroxycut by most of the adult population of the United States, including anyone who drinks coffee or cola containing caffeine. The lawsuit also claimed MuscleTech would replace research subjects who had to drop out of the company's studies because they could no longer tolerate the Hydroxycut or because it became too dangerous for them to continue.

MuscleTech is subject to penalties for violations of the agreement up to $5,000 per violation.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to the Communications Office.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818