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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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