Kathleen's Personal Letter [.03]

! FACT ... The Attorney General did not file a fraud complaint against the company or its officers. Instead he opted for an administrative, no-jury scenario that pushes the case through a closely held administrative court under the aegis of the Maryland Consumer Protection Agency. And, it should be noted that the Consumer Protection Agency is an appendage of the Attorney General's office. As bizarre as it appears, an Assistant Attorney General decides consumer protection cases filed by the office of the Attorney General. It's a kangaroo court.

! FACT ... The Attorney General did not act upon consumer complaints but rather he rushed to judgement relying on a press report of an incident in Virginia involving a private practice physician. The truth is the only complaints against T-UP, Inc. came from a gentleman who didn't like the taste of the concentrated aloe vera, and from a lady in California, who never used the products. T-UP had returned the man's purchase price months before the Attorney General initiated his witch-hunt.

! FACT ... The Attorney General did not use his powers of injunctive relief to take the products off the market. The very products the Attorney General labeled "snake oil" remain on the market to this day, along with similar but inferior products distributed by T-UP's competitors. Even as I write, competitors continue advertising their brands of the same dietary supplements on Maryland radio stations. To date, the Attorney General has not filed a single action against even one of T-UP's competitors.

! FACT ... The Attorney General rebuffed all attempts by T-UP to meet with representatives of the Consumer Protection division to discuss alternatives to litigation. This, despite the fact that T-UP voluntarily turned over all its records and voluntarily withdrew all its promotion from the marketplace. (An action which the company has faithfully maintained since Day 1.)

! FACT ... The Attorney General did not present a single expert witness who had either clinical or practical experience with dietary supplements. Rather, the State relied solely on three experts who, while admitting their ignorance about Cesium and T-UP, testified that in the absence of FDA Phase I, II, III testing and approval, nothing good could be said concerning the products. Such testimony fails to account for the legal fact that "dietary supplements" do not require FDA testing or approval in order to be marketed.

! FACT ... The Attorney General sought and received an administrative ruling allowing the administrative judge hearing the case to limit the number of defense expert and consumer witnesses, charging that the testimony of those who used the product was of "no value." This move came in the face of our attorney's plan for presenting the first hand testimony of 80 product users and upwards of 10 expert witnesses. Each defense expert witness would have testified about on-going clinical and practical experience with the products and competitive products.

! FACT ... The administrative judge presiding in the case closed her final finding of fact with the remark: "… This is the most egregious case of fraud I've ever seen." --- Sound familiar? Let me remind you, the action brought against my husband had nothing to do with fraud.

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