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Posted April 9, 2006

Sellers of Children’s Weight-Loss Product Settle FTC Charges

On April 6, 2006, the Federal Trade Commission (FTC) announced that the marketers of Pedia Loss, a purported children’s weight-loss product, and Fabulously Feminine, a supposed female libido enhancement product, had agreed to settle Federal Trade Commission charges that they made false and misleading claims about their products.

The FTC’s complaint alleged that the defendants could not support claims that Pedia Loss causes weight loss in overweight or obese children ages six and over, and that when taken by overweight or obese children, Pedia Loss suppresses appetite, increases fat burning, and slows carbohydrate absorption. The FTC also alleged that the defendants could not support claims that Fabulously Feminine will increase a woman’s libido, sexual desire, and sexual satisfaction. The FTC further alleged the defendants falsely claimed that clinical testing proves Fabulously Feminine enhances a women’s satisfaction with her sex life and level of sexual desire.

The defendants under the proposed agreement, Vineet K. Chhabra (also known as Vincent K. Chhabra) and his companies, Dynamic Health of Florida, LLC, and Chhabra Group, LLC, are based in Weston, Florida. The other two defendants named in the FTC’s complaint, Jonathan Barash and DBS Laboratories, LLC, previously settled the charges against them.

The proposed agreement, announced today, requires that the defendants rely on competent and reliable scientific evidence to substantiate weight loss, appetite suppression, fat burning, or carbohydrate absorption claims for Pedia Loss or any other dietary supplement, food, or drug. The defendants must have competent and reliable scientific evidence to substantiate claims that Fabulously Feminine or any other dietary supplement, food, or drug will increase a woman’s libido, sexual desire, or sexual satisfaction. The proposed order also prohibits the defendants from making unsubstantiated benefits, performance, or efficacy claims for any dietary supplement, food, or drug, and prohibits the defendants from misrepresenting any test or study. Finally, it contains recordkeeping provisions to assist the FTC in monitoring compliance.