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Division of Consumer Affairs
Press Release

Attorney General
Anne Milgram
Division of Consumer Affairs, Director
David Szuchman
   
For Immediate Release:
December 11, 2008 
For Further Information Contact:
Jeff Lamm, 973-504-6327
 
State Files Suit Against Lakewood-Based Sellers of Kinoki Detox Foot Pads

NEWARK - The Office of the Attorney General and the Division of Consumer Affairs have filed suit against the Lakewood-based companies that market and sell the Kinoki Detox Foot Pads, alleging that the companies' claims that the product removes toxins from the body are unsubstantiated and not supported by clinical trials and studies, as advertised.

Defendants Xacta 3000, Inc., and Hollywood Gadgets, Inc., also are alleged to have engaged in unconscionable commercial practices and misrepresentations in violation of the New Jersey Consumer Fraud Act (“CFA”), among other things, by charging consumers for Kinoki Detox Foot Pads and then failing to deliver the product for months in some cases.

Through “infomercials” and its web site, the defendants represented that the Kinoki Detox Foot Pads remove from the body, among other things, “toxins, heavy metals, metabolic wastes, parasites, asbestos, chemicals and cellulite.” Statements also were made that the foot pads are “perfect for diabetes, arthritis, fatigue, high blood pressure, insomnia and weight loss.” The defendants also represented that the Kinoki Detox Foot Pads are “FDA registered” and that claims about the foot pads are supported by “clinical trials” and “independent studies.”

“These defendants lured consumers seeking a way to improve their health based upon claims about the product's ability to remove toxins from the body,” Attorney General Anne Milgram said. “We've filed suit because the defendants misled the public with these unsupported claims.”

“The defendants referenced non-existent studies and clinical trials to bolster their claims,” noted David Szuchman, Consumer Affairs Director. “We will not tolerate attempts to dupe consumers out of their hard-earned dollars.”

The state's four-count complaint, filed in State Superior Court in Ocean County, alleges that the defendants violated the CFA, the Advertising Regulations and the Mail Order Regulations through the following actions:

Charging consumers a premium for “RUSH” delivery and than not shipping ordered merchandise in a timely manner;

Overcharging and/or placing unauthorized charges on a consumer's credit and/or debit card;

Enrolling consumers in the Continuity for Life Program without their authorization;

Advertising that Kinoki Detox Foot Pads are “FDA Registered” when such is not the case;

Failing to provide consumers with written notice of a delay in delivery and their option to cancel;

Failing to supply a working Customer Service telephone number for consumers to inquire about an order, cancel an order or request a refund;

Failing to honor the 30 Day Satisfaction Guarantee; and .

Failing to credit a consumer for returned merchandise; and

In its complaint, the state is seeking compliance with all applicable laws and regulations, the assessment of civil penalties and restitution as well as reimbursement of its investigative and legal costs.

Deputy Attorney General Cathleen O'Donnell of the Consumer Fraud Prosecution Section is representing the state in this action.

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