Nutraquest Settles Calif. Ephedra Suit for $1 Million

By William Murphy

Published on June 16, 2006

The suit, brought by Attorney General Bill Lockyer, the San Diego city attorney, and the district attorneys from nine counties, accused Nutraquest of making several deceptive claims in advertising for its ephedra-based weight-loss pill Xenadrine RFA-1. Some advertising, for example, claimed the drug was proven to increase fat loss by 1,700 percent.

The settlement requires Nutraquest president Robert Chinery to pay $600,000 in civil penalties and $400,000 in costs.

Nutraquest Inc., formerly known as Cytodyne Technologies, filed for bankruptcy protection in 2003 after being deluged with lawsuits related to its ephedra-containing diet products. It has recently been making efforts at reorganization in order to emerge from bankruptcy.

The FDA banned ephedra in April 2004 on evidence that the drug could raise blood pressure and potentially cause heart disease and strokes. However, an April 2005 ruling by a Utah district court judge has allowed the sale of ephedra in doses up to 10 milligrams. The FDA is currently appealing the decision in Denver’s 10th U.S. Circuit Court of Appeals.

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