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Cytodyne to appeal lawsuit

This article was originally published in The Tan Sheet

Executive Summary

Xenadrine marketer will appeal class action ruling by San Diego state court May 30 that firm's ads for ephedra-containing Xenadrine RFA-1 are false, deceptive. Judge Ronald Styn ordered firm to pay $12.5 mil. to California consumers because it is "money obtained by means of unlawful practice." Ruling maintains Cytodyne's "before and after" testimonies are misleading, exaggerate individual results. In response, firm states "we believe California's false advertising laws are so lax that they literally permit any business that advertises a product to be sued - even when, as here, the plaintiff's lawyer doesn't have an injured or deceived client." Plaintiff's lawyer Todd Macaluso of San Diego-based Macaluso & Associates reportedly also will represent parents of Steve Bechler in suit against Cytodyne...

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