Is Your Diet Supplement a Scam? Beware of the Acai Berry!
Don't be Scammed by Companies Making False Claims. Learn to Protect Yourself from Scams and Rip-Offs
Text Size:
September 2, 2010For the last five years, the acai berry has been a wildly popular diet supplements—but a new report suggests that one company has made much of its profits by trying to trick customers through "free trials" of acai berry supplements.MSN.com reports that, not only is there "no proof the acai (pronounced ah-sigh-EE) berry can do anything to help you lose weight" but that "companies have sold hundreds of millions of dollars worth of acai berry supplements" using the "free trial offer" incentive to snag customers.Landria Brattain, who lives near Indianapolis says that when she saw a pop-up ad for a trial bottle of AcaiPure, she paid $4.95 to Central Coast Nutraceuticals (CCN) to cover shipping and handling. "The deal was simple" reports MSN. "Try it and if you don’t like it, return the bottle and you won’t pay anything." However, the package came with a bill for $68 that was already charged to her debit card.Brattain says she used the supplement for three days, but it made her sick with diarrhea, cramps and nausea. She called the company to complain but they would not remove the charge.“They were very rude and very unfriendly,” she remembers. "They kept saying, 'It’s your fault because you did not read the fine print.'"When two more charges for $68 showed up on her account, Brattain accrused overdraft fees. She finally decided to closer her account, and complain to the Better Business Bureau, which eventually helped get her money back.In the last three years, the Better Business Bureau has received nearly 3,000 complaints about Central Coast Nutraceuticals. CCN, which is based in Phoenix, is one of the big players in the acai berry industry—last month, a federal judge approved the Federal Trade Commission’s request to prohibit deceptive claims, freeze the company’s assets, and turn the firm over to a court-appointed receiver.In its complaint, the FTC says CCN “deceived consumers across the country out of tens of millions of dollars.”The company's lawyer, told MSN that neither he nor anyone from the company could comment on the charges. But the FTC's allegations are clear:
- The "free-trial offer" was allegedly not free at all: The FTC alleges that in order to receive the supposedly "free" 30-day supply of AcaiPure or Colopure, online shoppers had to pay a small fee (normally $1 to $4.95) to cover the shipping and handling. Unhappy customers say they were shocked to find the full price of the "free sample" charged to their credit or debit card account.The FTC’s lawsuit also says that to avoid being charged, customers had to return the product within 14 days of the date they placed their order. In many cases, the shipment hadn’t even arrived by then. They also had to get a “return authorization number” from the company – something that was not easy to do – and pay for the return shipping. Plus, there could be a 15 percent restocking fee.In addition, many customers didn’t understand that by ordering the supposedly free sample, they agreed to become a member in the company’s “Lifestyle Program” which would automatically ship them another 30-day supply of the products every month.
- CCN allegedly made False claims: CCN promised AcaiPure would deliver rapid and substantial weight loss – anywhere from 10 to 25 pounds in the first month. The lawsuit cites one of those claims: "WARNING! AcaiPure Is Fast Weight Loss That Works. It Was Not Created For Those People Who Only Want To Lose A Few Measly Pounds. AcaiPure was created to help you achieve the incredible body you have always wanted ... USE WITH CAUTION! Major weight loss in short periods of time may occur." but the FTC’s lawsuit says “AcaiPure does not cause rapid and substantial weight loss” and the company has no proof it does. In fact, in preparing their case, government lawyers had expert scientists examine the ingredients in AcaiPure. The main ingredient? Laxatives.
- The FTC alleges that CCN made "false endorsements": According to MSN, "Some CCN products carry endorsements by Oprah Winfrey and Rachel Ray. How can you go wrong with a product endorsed by these trusted celebrities? Well, it turns out those endorsements were bogus. Rachael Ray provided the FTC with this sworn statement: “I have never approved or agreed to the use of my name or my image in conjunction with the sale and marketing of AcaiPure, or any acai berry-related product.” The Chief Financial Officer of Harpo, Inc. (Oprah’s production company) said Oprah never endorsed or approved AcaiPure or agreed to have her picture or name used to sell or market the product.
