Texas AG sues candy company

Chris Rizo Feb. 5, 2009, 1:20pm

Greg Abbott (R)

AUSTIN, Texas (Legal Newsline)- Texas Attorney General Greg Abbott has charged Nature's Candy Inc. and its two directors with deceptive advertising.

The company, which does business as Beneficial Foods, and its directors, Michael D. and Teresa Zygmunt, violated the Texas Food, Drug and Cosmetic Act and the Texas Deceptive Trade Practices Act by claiming their snack bars help treat ailments such as depression and Alzheimer's disease.

"Under state and federal law, only federally approved drugs can be marketed as a treatment or cure for an illness," Abbott said. "Yet, the defendants' marketing materials claimed their snack bars could improve brain health, prevent Alzheimer's Disease and depression."

Specifically, the Fredericksburg, Texas-based company claimed its Omega-3 Uplift and Omega-3 Low-Carb Alternative Uplift bars can cure or prevent disease even though the products have not been approved by the U.S. Food and Drug Administration.

The Republican attorney general's office is seeking restitution for consumers, as well as civil penalties of $20,000 per violation of the Texas Deceptive Trade Practices Act and $25,000 per day for each violation of the Texas Food, Drug and Cosmetic Act.

From Legal Newsline: Reach reporter Chris Rizo at chrisrizo@legalnewsline.com.

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