After a civil jury ruled in November that Hood River businessman had generated a pile of assets through mail and wire fraud, the National Advertising Division of the Council of Better Business Bureaus asked Maxam Nutraceuticals to substantiate claims in its advertising.
According to a media release from the NAD, Maxam (Cole’s company) declined the opportunity to take part in the review.
The Council for Responsible Nutrition had raised concerns about the following claims noted in advertising for the company’s products:
- “PCA is the only product ever specifically developed to naturally help your body safely and effectively remove all toxins, poisons, chemicals or anything that is not part of a healthy living biological system.”
- “PCA has been used and proven over the last 15 years to be the most effective toxin remover available.”
- “Through our SMART Selective Micro-Activated Response Technology, the ingredients remain in their natural form, which keeps the liver from repelling them, allowing them to effectively work with your body.”
As a result of the rebuff, the NAD referred the claims to the Federal Trade Commission for further review. The case has also gotten the interest of the nonprofit Truth In Advertising.
In a separate court filing, the government is seeking a permanent injunction to shut down Cole’s operations. Cole is also awaiting trial on a federal indictment alleging violations of federal tax law.