| U.S. Federal Trade Commission |
FTC News Release, Nov 28, 2006
FTC Targets Bogus Claims for Pill Advertised to Make Kids Taller
Company and Owner to Pay $375,000 to Settle Charges
A Florida business and its owner, who marketed purported
height-enhancing pills for kids and young adults, will pay
$375,000 to settle charges that their advertising claims were
deceptive. The Federal Trade Commission charged the defendants
with making false and unsubstantiated claims for HeightMax, as
well as for two other supplements, Liposan Ultra Chitosan Fat
Blocker and Osteo-Vite.
The operation advertised HeightMax dietary supplements in
English and Spanish on the Internet and radio. Ads also
appeared in the back pages of magazines such as Newsweek,
Rolling Stone, and Maxim. The FTC complaint charged that
claims for the pills were unsubstantiated or false and that
the defendants invented William Thomson, a supposed expert who
appeared in the ads. According to the complaint, the ads for
HeightMax Concentrate and HeightMax Plus misrepresented
that:
- HeightMax increases height in users ages 12-25 over what
they would achieve without the product;
- HeightMax causes users to grow an additional 2 to 3
inches in 6 months;
- Clinical tests prove that:
- HeightMax increases the height of teenagers and young
adults; and
- Regular use of HeightMax for 6 months causes a 10% to
25% gain in height, and use for more than a year causes a
20% to 35% gain in height;
- HeightMax increases lean body mass and reduces body fat
in users ages 12-25; and
- William Thomson, an expert with a Ph.D. in Biochemistry,
created HeightMax after years of research and clinical
trials.
The FTC complaint also alleged that the defendants made
unsubstantiated or false claims for Liposan Ultra Chitosan Fat
Blocker, a weight loss supplement, and Osteo-Vite, marketed to
older consumers for bone-building.
To settle the charges, defendants Sunny Health Nutrition
Technology & Products, Inc. and its owner, Sunny Sia, will
pay $375,000 in consumer redress. The settlement also holds
the defendants potentially liable for $1.9 million in the
event that they misrepresented their finances. The order to
settle the FTC’s charges requires that claims for any dietary
supplement, food, or drug must be true, non-misleading, and
substantiated. In addition, it prohibits the defendants from
misrepresenting endorsements, including the existence or
expertise of any endorser.
The Commission vote to authorize staff to file the
complaint and stipulated final order was 5-0. The complaint
and stipulated final order for permanent injunction were filed
in the U.S. District Court for the Middle District of
Florida.
NOTE: This stipulated final order is for
settlement purposes only and does not constitute an admission
by the defendants of a law violation. A stipulated final order
requires approval by the court and has the force of law when
signed by the judge.
The text in this article was prepared by the U.S. Federal Trade Commission.