FOR RELEASE: APRIL 23, 1993
NATURE'S CLEANSER SETTLES FTC CHARGES THAT IT MADE
DECEPTIVE HEALTH AND WEIGHT-LOSS CLAIMS FOR HERBAL PRODUCTS
Nature's Cleanser, Inc., based in Beverly Hills, California,
and Donald Douglas-Torry, an officer of the corporation, have
agreed to settle Federal Trade Commission allegations that they
made numerous false and misleading statements about "Nature's
Cleanser," an herbal product they marketed to promote weight loss
and weight control, and "Lady's Comfort," an herbal product
purported to relieve menstrual pain, discomfort associated with
menopause, and other conditions. The proposed settlement would
prohibit the respondents from making the alleged false claims,
and would require them to offer full refunds to all consumers who
purchased the products. The respondents also would be required
to have reliable scientific evidence to substantiate any future
claims regarding the performance, benefits or effectiveness of
any food, drug or device they sell.
According to the FTC complaint detailing the allegations,
the respondents advertised, distributed, and sold throughout the
United States, several herbal tablets (collectively referred to
as "Nature's Cleanser") represented as a non-laxative product to
"cleanse" the bowel and colon and, as a result, promote weight-
loss.
The FTC complaint cites advertisements and promotional
materials for Nature's Cleanser, as well as oral communications
with consumers, that include statements such as:
- more -
Nature's Cleanser--04/23/93)
-- "Control your weight immediately without dieting
or watching calories by eliminating waste such as
fatty tissues, cellulite, toxins, mucus, hardened fecal
matter and harmful drug residues;"
-- "Fennel [is] an appetite suppressant;"
-- "Psyllium Seed is the bulking agent that causes the
sweeping effect, cleaning off the walls, floors and
ceiling of the colon, although it is not itself an
herbal laxgtive [sic];" and
-- "If you wish to eliminate at a more rapid rate, more
tablets can be taken without ill effect."
According to the FTC complaint, these representations are
false, misleading and unsubstantiated. In fact, the FTC alleged,
Nature's Cleanser does contain a laxative and, at some dosage
levels, can cause adverse health effects. Further, according to
the FTC complaint, Nature's Cleanser also does not contain an
appetite suppressant and is not effective in weight loss and
weight control.
Likewise, according to the FTC complaint, the respondents'
advertisements and promotional materials for Lady's Comfort --
promoted as a treatment for Pre-Menstrual Syndrome (PMS),
menopause and other conditions -- contained statements that were
false, misleading or unsubstantiated. The ads included such
statements as:
-- "Nature's Cleanser P.M.S./Menopause Formula performs a
myriad of functions, one of the most important being
alleviating any discomfort associated with menopause (hot
flashes, etc.); it also prolongs the period between fer-
tility and change of life which should occur between the
ages of sixty (60) to sixty-five (65). Nature's Cleanser
Herbal Hormones is a natural alternative to the widely
applied use of synthetic estrogen and progesterone;" and
-- "These two formulae will rid the body of old cellulite
and stop new cellulite buildup."
The FTC alleged that, through these and other statements,
the respondents represented that Lady's Comfort replaces hormones
in the human body; is an effective alternative to synthetic hor-
mones; prolongs a woman's period of fertility; and helps remove
cellulite and prevents the formation of new cellulite. In fact,
the FTC charged, these representations are not true and are
unsubstantiated.
The proposed consent agreement to settle these charges would
prohibit the respondents from making any of the false represen-
tations described in the FTC complaint for Nature's Cleanser,
Nature's Cleanser--04/23/93)
Lady's Comfort or any product containing substantially similar
ingredients. Further, the consent agreement would prohibit the
respondents from making any claim regarding the performance,
benefits, effectiveness, or lack of adverse effects, for any
food, drug or device, unless they possess competent and reliable
scientific evidence to substantiate the claim. The respondents
would be permitted to rely on standards promulgated by the Food
and Drug Administration to substantiate their claims for drug
products.
Finally, the proposed consent order contains a provision for
consumer redress that would require the respondents to notify, by
mail, past purchasers of Nature's Cleanser and Lady's Comfort of
the FTC allegations and to offer these customers full refunds.
Funds not distributed because consumers fail to respond would
have to be paid to the U.S. Treasury.
The Commission vote to accept the proposed consent agreement
for public comment was 5-0. It will be published in the Federal
Register shortly and will be subject to public comment for 60
days, after which the Commission will decide whether to make it
final. Comments should be addressed to the Office of the
Secretary, FTC, 6th Street and Pennsylvania Avenue, N.W.,
Washington, D.C. 20580.
NOTE: A consent agreement is for settlement purposes only and
does not constitute an admission of a law violation. When the
Commission issues a consent order on a final basis, it carries
the force of law with respect to future actions. Each violation
of such an order may result in a civil penalty of $10,000.
Copies of the complaint, proposed consent order, and an
analysis to aid the public in commenting are available from the
FTC's Public Reference Branch, Room 130, 6th Street and Pennsyl-
vania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY for
the hearing impaired 1-866-653-4261.
# # #
MEDIA CONTACT: Bonnie Jansen, Office of Public Affairs
202-326-2161
or
Don Elder, Office of Public Affairs
202-326-2181
STAFF CONTACT: Linda Badger, San Francisco Regional Office
901 Market Street, Suite 570
San Francisco, California 94103
415-744-7920
(FTC File No. 922 3017) (NATCLNSR)