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Last Updated
Case Status
Pending
Federal Trade Commission, Plaintiff v. ZyCal Bioceuticals Healthcare Company, Inc., a corporation; James J. Scaffidi, individually and as an officer of ZyCal Bioceuticals Healthcare Company, Inc.; Excellent Marketing Results, Inc., a corporation; and Michael McGahee, individually and as an officer of Excellent Marketing Results, Inc.; Defendants.
FTC Matter/File Number
182 3133
Civil Action Number
4:20-cv-10249-TSH
Enforcement Type
Federal Injunctions
Federal Court
District of Massachusetts

Case Summary

In February 2020, the FTC filed a complaint in federal district court against ZyCal Bioceuticals, a company that manufactured and sold the ingredient Cyplexinol to trade customers for use in making pain relief products for joint ailments, such as arthritis. Zycal also marketed a line of Cyplexinol-based pain relief products to chiropractors and directly to consumers under the brand name Ostinol. The same complaint includes allegations against another company, Excellent Marketing Results, Inc. (EMR), which was one of ZyCal's trade customers. EMR marketed a Cyplexinol-based formulation called StimTein via infomercials and online, and claimed it was clinically proven to stimulate cells to grow bone tissue and cartilage. EMR and its president agreed to a settlement that resolves charges against them in the FTC’s complaint, and prohibits them from making such health-related product claims unless they are supported by competent and reliable scientific evidence. In September 2020, the FTC announced it was returning more than $110,000 to consumers who bought EMR’s StimTein.   In February 2023, the FTC announced a proposed order barring the ZyCal defendants from the deceptive conduct alleged in the complaint.