To: mmmary who wrote (8994 ) 1/17/2002 8:12:20 PM From: StockDung Respond to of 19428 the lawsuit also states. "Body Solutions is designed to fatten profits, not shed pounds," said Makinen's lead attorney, Makers Of Body Solutions 'Lose Weight While You Sleep' Diet Supplement Deceived Purchasers, Lawsuit Says Janet Makinen vs Mark Nutritionals Inc. Case No. 51-2002-CA-000149-XXXX-ES TAMPA, Fla., Jan. 17 /PRNewswire/ -- The following was released today by James, Hoyer, Newcomer & Smiljanich P.A.: When Janet Makinen heard about Body Solutions on the radio, it sounded easy: Take the Body Solutions supplement before going to bed, and lose weight while she slept. But after taking the supplement as directed for two months, Makinen, a 50-year-old resident of Dade City, Florida, found she had gained weight. She called Body Solutions to complain, but the operator only tried to sell her more diet products. Makinen filed a class-action lawsuit Wednesday against Mark Nutritionals Inc, the Texas-based manufacturer of Body Solutions. The lawsuit claims Mark Nutritionals deceived consumers by saying they could "lose weight while you sleep." Furthermore, Mark Nutritionals never alerted consumers to the fact their program entailed the purchase of additional products, including a product that contains ephedrine, which can pose health problems for some people, the lawsuit states. Mark Nutritionals trains its telephone operators to sell more products when people call up to complain they haven't lost weight, the lawsuit also states. "Body Solutions is designed to fatten profits, not shed pounds," said Makinen's lead attorney, Christa Collins of the Tampa-based law firm James, Hoyer, Newcomer & Smiljanich. "Mark Nutritionals took advantage of vulnerable people who wanted only to lose weight." The lawsuit seeks class-action status, a refund of consumers' purchase monies, as well as punitive damages and a trial by jury. The Federal Trade Commission has previously cited the phrase "Lose Weight While You Sleep" as an example to warn consumers that "claims for diet products and programs that promise weight loss without effort are phony." The FTC's Consumer Alert for diet scams is available on-line at ftc.gov James, Hoyer, Newcomer & Smiljanich has offices in Tampa, St. Petersburg and Tallahassee. Its litigates cases nationwide in the areas of consumer fraud, product liability and whistleblower investigations. MAKE YOUR OPINION COUNT - Click Here tbutton.prnewswire.com SOURCE James, Hoyer, Newcomer & Smiljanich P.A. CO: James, Hoyer, Newcomer & Smiljanich P.A.; Mark Nutritionals ST: Florida, Texas IN: HEA SU: LAW 01/17/2002 15:22 EST prnewswire .