Weight Loss Fraud Refunds, Product Launches: Health And Wellness Industry News
This article was originally published in The Rose Sheet
Executive Summary
Reliv says launch of Fit3 fitness and weight loss program contributed 10% to Q1 US sales; Marketplace adds Fit to workout formula portfolio; Mojo in 730 SE stores; and more news in brief.
More weight loss fraud refunds from FTC
A second round of refund checks from the Federal Trade Commission's enforcement against false weight loss claims for green coffee bean extract marketed by Austin, Texas, firms Pure Health LLC and Genesis Today Inc. is going to 38,553 consumers and totals $1.9m. A previous round in June 2016 went to some 200,000 consumers who purchased the firm's products online, while the latest checks, at an average of $49.66, are repaying purchases made at retailers. FTC said May 30. A settlement to the agency's 2015 complaint barred the firms and their principal, Lindsey Duncan, from making deceptive weight loss claims about any food or dietary supplement and required them to pay $9m consumer redress. The settlement came after FTC in 2014 enforced against another Austin firm, Applied Food Sciences Inc., which cited a flawed study for baseless weight loss claims about green coffee extract that Duncan and others used to promote products. (Also see "FTC Members Spar Over ‘Protected’ Speech On ‘Dr. Oz’ In Supplement Claims Enforcement" - Pink Sheet, 27 Jan, 2015.)
FTC's enforcement against Duncan also came with criticism from Commissioner Maureen Ohlhausen, currently the acting chairwoman, that imposing steep fines could chill free speech in promoting consumer health products. Ohlhausen and former member Joshua Wright, along with former Chairwoman Edith Ramirez and member Julie Brill and current member Terrell McSweeny, approved the enforcement, but they wrote a dissenting opinion that rather than protect consumers against false advertising, the commission majority would “suppress all speech about a public concern simply because the [commission] considers that speech unreliable or unproven.” Ohlhausen, a Republican appointee, announced in April that FTC is implementing Trump administration directives on "eliminating wasteful, unnecessary regulations and processes." With her and McSweeney, a Democrat appointee. remaining, President Trump will appoint members to two open seats and the Democrat Party will fill the third. (Also see "FTC Could Open Arms For Health Claim Science In Regulatory Review" - HBW Insight, 20 Apr, 2017.)
PeakO2 in Blackmarket's Fit
Salt Lake City firm Blackmarket LLC introduces Fit workout formula designed to increase oxygen uptake and efficiency, decrease lactate and improve antioxidant capacity. Fit includes PeakO2, a proprietary blend "of very specific ingredients to maximize full potential in endurance, power, strength and stamina,” the firm said May 17 after introducing the product at the FitCon expo in Salt Lake City in April. Blackmarket says PeakO2 includes "six adaptogens that improve the body's ability to uptake and use oxygen and boost physical endurance, power output and strength.” The product retails $64.99 a tub on the branded website, which also offers the company's other formulas including AndrenolynCuts, Adrenolyn Bulk and Tone.
Reliv's Fit3 drives Q1 sales
Nutritional supplements direct seller [Reliv International Inc.]'s February launch of its Fit3 fitness and weight loss program, comprising three formulas – Active, Burn and Purify, accounted for 10.1% of US net sales in the 2017 first quarter, though net sales in the US remained flat at $10.3m. In a May 12 release, the Chesterfield, Mo., firm says Active combines a three-protein blend of whey, casein and non-GMO soy with additional ingredients to support weight loss, while Burn promotes weight loss with a targeted, fat-burning formula. Purify, a probiotic, cleanses the liver and supports the metabolic system. Total sales of $12.8m in the quarter represented a slight drop compared to the prior year, due to a decrease of 9.5% in foreign markets. Reliv's net income in the January-March period reached $524,000, compared to a net loss of $44,000 in the year-ago quarter.
PowerBar plants cleaner flag
[Premier Nutrition Corp.] launches its first plant-based PowerBar, Plant Protein Bar, as part of the transition it started in January to “evolve” its product portfolio to cleaner ingredient labels. The bars, which contain 10g-11g of protein, “arrive at a time when plant protein products are gaining popularity due to the rising trend of consumers looking for vegetarian options,” the Emeryville, Calif., firm said May 23. It said the bars' ingredients include nuts, nut butter, pumpkin seeds, crisped peas and rice and cost $2.39 for one and $29.85 for a 15-pack online.
Almond Pro adds flour to mix
Natural foods company Almond Pro LLC unveils High Protein Almond Flour “100% natural and organic” flour containing twice the protein and 65% less fat than regular almond flours, the firm said May 23. The launch follows the roll out of the company's Almond Protein Powder in November 2016, which was expanded with a peanut butter-chocolate flavor this year. (Also see "Gold’s Flexes Protein Powders: Health And Wellness New Products Roundup" - HBW Insight, 22 Feb, 2017.) The company will promote its “Make America Healthy Again” campaign this summer with appearances at festivals, trade shows and other events in 10 US cities to appeal to natural foods and fitness enthusiasts. A 1-pound bag of the protein flour costs $18.99.
Culturelle Pro-Well big on vitamins B, C
[I-Health Inc.] introduces Culturelle Pro-Well Immune + Energy containing 10bn colony forming units of the probiotic strain lactobacillus GG, 100% of the daily value of vitamin C and of B vitamins 1, 2, 5, 6 and 12 and an “excellent” source of B3, the Cromwell, Conn., company said May 16. The daily use formula is non-GMO and free of caffeine, gluten, dairy and sugar. The product is available in retail stores at $25.99 for 20 single-serve packets, the firm notes.
Herman cupuacu butter balm from Tauriga
Tauriga Sciences Inc. launches Herman Cupuacu ButterLip Balm into the retail marketplace using label and packaging design based on customer feedback during a test-market phase, the New York firm said May 17. It announced a 12-month licensing agreement with Cleveland cosmetics firm Ice + Jam in December to market the product, which contains cupuacu butter, a plant alternative to lanolin with the capacity to “attract 240% more water, allowing it to function much more effectively as a skin hydrator and moisturizer,” Tauriga says.
Mojo reaches 730 southeast stores
Mojo Organics Inc. expands Mojo Naturals beverage distribution to Southeastern Grocers LLC, the fifth-largest conventional supermarket chain in the southeast US based on store count, the Jersey City, N.J., company said May 23. Southeastern owns BI-LO, Harveys, Winn-Dixie and Fresco y Mas grocery stores, altogether serving customers in 730 grocery and liquor stores and in-store pharmacies in Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina and South Carolina. Mojo Naturals comprises coconut water, sparkling coconut waters and three juice flavors – Mangosteen, Dragon Fruit and Pomel.
Hain Celestial NASDAQ Notice
[Hain Celestial Group Inc.] has not satisfied NASDAQ's listing rule requiring timely filing of periodic reports with the Securities Exchange Commission. The firm, which markets brands including Alba Botanica personal care and Earth's Best baby formula, did not file its 10-Q form report the 2017 first quarter. NASDAQ granted Hain an extension through June 15 to file its report and the Lake Success, N.Y.-based firm on May 22 said it “intends to continue to take all steps necessary to regain compliance with the rule.”