FDAnews
www.fdanews.com/articles/84530-marketers-of-avlimil-and-rogisen-sued-by-ftc

MARKETERS OF AVLIMIL AND ROGISEN SUED BY FTC

February 13, 2006

The FTC has filed a lawsuit against Berkeley Premium Nutraceuticals and other firms, accusing the companies of falsely advertising two dietary supplements: Avlimil for female libido, and Rogisen for night vision.

The commission, on a 4-0 vote, authorized the lawsuit against Berkeley, LifeKey, Warner Health Care and Wagner Nutraceuticals. According to the complaint, Avlimil and Rogisen do not live up to their advertising claims. The lawsuit was filed in the U.S. District Court for the Southern District of Ohio.

The defendants made "false and unsubstantiated claims" on Avlimil, which was advertised to treat female sexual dysfunction and provide female sexual enhancement, the FTC said. In their advertising, the defendants cited a clinical study that allegedly proved Alvlimil was safe and effective.

But the FTC noted Avlimil's ingredients differ substantially from the ingredients in the product actually tested in the clinical study, which was featured in the Avlimil advertisements. The defendants also made unsubstantiated claims about the product's efficacy, the FTC said. In addition, the defendants made unsubstantiated claims that Rogisen improves night vision, the commission said.