MANASQUAN, N.J., May 30-- Cytodyne Technologies, America's leading diet supplement maker, says it vows to appeal Friday's class action law suit ruling by a San Diego, California Superior Court judge who concluded that from 1997 to 2001 the company's advertisements for its ephedra-based Xenadrine RFA-1 diet agent were deceptive. In addition to the verdict, Cytodyne is being ordered to repay Xenadrine RFA-1 consumers in California in the amount of $12,536, 820.00, which the court identified as "money obtained by means of unlawful practice."
CYTODYNE TECHNOLOGIES OFFICIAL RESPONSE TO CALIFORNIA COURT RULING ON FALSE ADS
* "This is a tentative ruling. We will petition the court further until
Cytodyne has been completely vindicated."
* "We continue to firmly believe that our advertising claims are
truthful and accurate in all respects. In addition to having
Xenadrine's efficacy documented through numerous clinical trials, we
have received thousands of letters from satisfied customers who have
lost weight using Xenadrine RFA-1 and have significantly improved
their quality of life."
* "This ruling is a severe and inappropriate blow to the First Amendment
rights of all companies which advertise their products in the State of
* "We believe California's false advertising laws are so lax that they
literally permit any business that advertises a product to be sued --
even when, as here, the plaintiff's lawyer doesn't have an injured or
* "Sadly for the consumer, for the most part, the only people who
benefit from these type of lawsuits are the trial lawyers. This type
of suit needs to be foreclosed by law."
* "Indeed, claims found to be misleading by this California Superior
Court in its tentative decision had already been reviewed by a United
States District Court and found to be substantiated."
* "Timothy Muris (the current Chairman of the Federal Trade Commission)
has testified favorably regarding our advertisements in the past --
demonstrating the credibility of the advertisements."