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Cytodyne to appeal ruling of deceptive advertising


The manufacturer of the controversial epheda-based supplement Xenadrine RFA-1, Cytodyne Technologies, says it will appeal Friday's class action law suit ruling that its advertisements for the diet supplement were deceptive.

A San Diego, California Superior Court judge found that from 1997 to 2001 the company's advertisements for its ephedra-based Xenadrine RFA-1 diet agent were deceptive. The supplement was implicated in the heat stroke death of Baltimore Orioles pitcher Steve Bechler in February.

Cytodyne is also being ordered to repay consumers of Xenadrine RFA-1 in California around $12,536, 820.00, as "money obtained by means of unlawful practice."

In a release, Cytodyne said it viewed the ruling as "tentative". "We will petition the court further until Cytodyne has been completely vindicated. We continue to firmly believe that our advertising claims are truthful and accurate in all respects," said the company.

It also cited numerous clinical trials and "thousands of letters from satisfied customers who have lost weight using Xenadrine RFA-1 and have significantly improved their quality of life" as evidence of its efficacy.

The company added that its advertising had already been reviewed by a United States District Court and found to be substantiated. It continued: "Timothy Muris (the current chairman of the Federal Trade Commission) has testified favorably regarding our advertisements in the past - demonstrating the credibility of the advertisements."