DIET-SOLUTION SELLER FACED WITH FAT SUIT: Local Trio Charges Deception

The CLEVELAND PLAIN DEALER: Business, January 19, 2002

By, Sarah Hollander, Plain Dealer Reporter

Dawn Menear hoped to sleep away some extra pounds by swallowing a nightly spoonful of Body Solutions, the fruity diet liquid that area radio stars hawk in believe-it-or-not testimonials.

But $250 and five months later, she says, all she got was an expensive lesson.

Menear, a computer systems analyst from Sheffield, is one of three Northeastern Ohio women who sued the diet-compound peddler in Cuyahoga Common Pleas Court yesterday, claiming fraud and deception.

The woman's lawyer, Jack Landskroner, hopes a judge will certify the suit as a national class action, which means that any Body Solutions customer with a similar complaint could join in. The suit asks for refunds and a change in Body Solutions' advertising.

"Unfortunately, there are a lot of people in this country with weight problems because of hormone deficiencies, overeating or whatever the reason may be," Landskroner said. "And they'll try anything to lose the weight."

A statewide class-action suit is already making its way through the courts in Michigan against Mark Nutritionals, the San Antonio company that sells Body Solutions. Another suit in Texas awaits a judge's decision on a class-action certification request.

J. D. Pauerstein, a lawyer for Mark Nutritionals, said thousands of people swear by the product. The company promotes using it's products along with a healthier lifestyle, he said.

"This is not a magic pill, a 'lose 30 pounds in 30 days' kind of product," he said.

Pauerstein believes the lawsuits may be surfacing now, four years after the company began selling Body Solutions, because of successful lawsuits against makers of weight-loss drugs such as Fen-Phen and Redux.

q Local women sue diet liquid's seller

Body Solutions' most popular product is the Evening Weight Loss Formula. Clients are instructed to swallow a tablespoon of the liquid before bedtime and at least three hours after eating.

At first Menear, 31, was skeptical. But she kept hearing long chatty radio ads while driving to and from work. She wanted to lose 10 pounds and got sucked in by radio personalities talking about eating all they wanted, not exercising, yet still losing weight.

"The ads are so believable," Menear said. "Eventually I got worn down."

The other plaintiffs are Diane Golembiewski of North Royalton and Roberta Creswell of Wooster.

Weight-loss products are so popular because people want an easy way around the old-fashioned exercise and eat right advice, said Patricia Cardwell, a dietitian with MetroHealth Medical Center.

Not eating before bedtime is good advice, but it doesn't take a syrup to achieve, she said.

"Fad diets don't work," Cardwell said, offering a little free advice as food for thought: "Cut your calories. Spread your food out. Eat healthy foods in moderate portions."

Copyright© 2002,The Landskroner Law Firm, LTD. All Text and Site Design, All Rights Reserved.