$30 Million Damages in Slim Down Solution Case

October 20, 2004
A federal district court has permanently barred Slim Down Solution from making weight-loss claims and found its promoters liable for more than $30 million in consumer damages.

In January 2003, the Federal Trade Commission charged Slim Down Solution, LLC, and several related companies with misrepresenting that their product, "Slim Down Solution" and its main ingredient, D-glucosamine, could block dietary fat absorption and cause consumers to lose weight without changing their diet.

The court found that the defendants deceptively advertised Slim Down Solution and D-glucosamine (both chitosan derivatives) as "fat trapper" weight-loss products that could prevent consumers from absorbing up to 20 grams of dietary fat per dose.

The court also found that the SDS defendants falsely claimed that Slim Down Solution causes weight loss even if consumers eat substantial amounts of foods high in fat, such as cheeseburgers, french fries, and cheesecake.

In May 2004, the U.S. District Court for the Southern District of Florida entered a permanent injunction against the companies. This month, the court entered a modification settling one remaining complaint and a monetary judgment.

The court orders hold the defendants jointly and severally liable for more than $30 million in consumer redress. To partially satisfy the $30 million judgment, the court ordered the defendants and third parties holding the defendants' assets to turn over to the FTC all assets traceable to Slim Down Solution or D-glucosamine sales. Further, the orders bar the defendants from selling their customer lists. The orders also impose on the defendants compliance reporting and record-keeping requirements.

The defendants, based in West Palm Beach, Florida, advertised and sold Slim Down Solution through nationally disseminated infomercials that aired on cable television channels such as Bravo, Comedy Central, and PAX Cable, and on the Internet at www.slimdownsolution.com.

In addition, the defendants sold their product through a continuity program, automatically shipping consumers Slim Down Solution and charging consumers' credit cards or debiting their bank accounts monthly.

Another group of defendants, based in Conroe, Texas, have manufactured and sold D-glucosamine products directly to consumers and other resellers through their Internet sites, including www.polyglucosamine.com. Resellers, in turn, promoted the products to consumers under private labels such as "Fight the Fat," "Everslim," "Mini Max," and "Slim Down Solution."

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