| Gary Adams | Educational Achievement Systems | ||||||
The Greg Cynaumon/CortiSlim Report A Review of the Federal Trade Commission Complaints by Gary Adams and the Subsequent FTC Actions Against Cynaumon, Talbott, and the CortiSlim-related Companies |
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For the original report of Greg Cynaumon, hit this link.Have You Seen the Not-Dr. Greg Cynaumon on TV?
| CortiSlim/Mr.
Greg Cynaumon Report Breaking
News Mr. Cynaumon claims that there are no legal default decisions against him. I will post the $440,000+ court judgment soon. Federal Trade Commission (FTC) rules against the CortiSlim company’s president, Greg Cynaumon, Infinity Advertising (Cynaumon’s marketing company), and Dr. Shawn Talbott http://www.ftc.gov/opa/2004/10/windowrock.htm. For the actual court documentation, go to http://www.ftc.gov/os/caselist/windowrock/041005compwindowrocktext.pdf The following are some key points in the court papers: DECEPTIVE ACTS OR PRACTICES IN VIOLATION OF THE FTC ACT Unlawful Claims Regarding Weight Loss Benefits of CortiSlim
28. The representations set forth in Paragraph 27 are false or were not substantiated at the time the representations were made. Therefore, the making of the representations set forth in Paragraph 27 constitutes a deceptive practice, and the making of false advertisements, in or affecting commerce, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52. CONSUMER INJURY 33. Consumers throughout the United States have suffered and continue to suffer substantial monetary loss because of Defendants’ violations of the FTC Act. In addition, Defendants have been unjustly enriched as a result of their unlawful acts and practices. Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. PRAYER FOR RELIEF WHEREFORE, Plaintiff FTC requests that this Court, as authorized by Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), and pursuant to its own equitable powers:
For the letter warning other advertisers about using cortisol claims,
go to Also, the Food and Drug Administration (FDA) sent a warning letter to
the same officials. Here are samples of the news reports about this story. Besides these federal actions, hit this link for the CortiSlim class-action lawsuit. If you have used CortiSlim unsuccessfully, this is the time to complain to the FTC, Better Business Bureau, the California Attorney General, and the Orange County District Attorney’s office. See information at the end of this report for their web sites/phone numbers. Investigative Report What does Greg Cynaumon, the spokesperson for CortiSlim, say about the product’s effectiveness in television and radio ads? “You will drop 15 to 50 pounds quickly and for life.” Sound too good to be true? When ABC’s 20/20 did a story about the fraud in the diet supplement industry (http://abcnews.go.com/sections/2020/Living/2020_diet_ads_040423-1.html), Mr. Cynaumon gloated that CortiSlim was not mentioned (http://www.free-press-release.com/news/200404/1083172527.html) and noted that, "CortiSlim is the only weight loss product I know of that passes its advertising copy through two Federal Trade Commission attorneys before they put it out there. As a spokesperson for the product, that gives me a sense of security that they are doing it ethically." Then he goes on to say, “People – especially people who want to lose weight and want to believe a product’s claims – are going to be highly motivated by inflated stories and weight loss claims. CortiSlim doesn’t make them because they know its (sic) wrong. It’s far more preferable to set the consumer’s expectations at a reasonable level and then work to exceed them. I’m relatively sure they could make more money doing it the wrong way, but at the end of the day, you have to be able to look yourself in the mirror.” That makes it sound as if the claim of “dropping 15 to 50 pounds quickly and for life” was cleared by two FTC attorneys. It wasn’t. In the next sections, I will review the evidence behind that and other CortiSlim claims, starting with research by Dr. Shawn Talbott, the creator of CortiSlim. Does Dr. Shawn Talbott’s study prove that CortiSlim is effective? Dr. Talbott says that he conducted a 12-week study in which one group exercised and ate a healthy diet while the other group had CortiSlim with exercise and a healthy diet. The highly advertised result of this study in CortiSlim ads claims that the CortiSlim group had nine times more weight loss than those in the healthy diet and exercise only group. It is unclear what this finding actually means. Some advertisements make it sound as if the CortiSlim group lost 9 pounds to a 1 pound loss by the non-CortiSlim group. A phone call to CortiSlim’s customer service didn’t help, because they couldn’t answer questions about the study. When I tried to contact Dr. Talbott, he did not respond. For this reason, I am assuming that the non-CortiSlim/healthy diet and exercise group lost one pound and the CortiSlim/healthy diet and exercise group lost nine pounds. Before going further, it should be noted that Dr. Talbott’s study does not match the conditions described in most CortiSlim advertising. In these ads, the importance of healthy diet and exercise is rarely mentioned as being necessary. In fact, CortiSlim is described as THE diet: “If you have only one diet left in you, take CortiSlim.” Based on CortiSlim advertising, it appears that the expected study would be a double-blind comparison study of people who did and did not take CortiSlim while continuing their current eating and exercise practices. More on this issue is described later. What do experts say about losing weight? Because I wanted to lose 15 pounds (my weight in graduate school 30 years earlier) for my wedding, I contacted Shawn Talbott’s boss at the University of Utah. I told him that I wanted to lose 15 pounds for my wedding in 3 months and asked if I should use CortiSlim. His answer was “forget supplements” and suggested the South Beach Diet as a healthy diet. Within the South Beach Diet book by Dr. Arthur Agatston, like other reputable dieting authorities, the author recommends regular exercise with a healthy diet. I decided to follow the advice of Dr. Talbott’s boss. I lost 18 pounds in 2½ months and I have consistently been under my 15-pound weight loss goal since my wedding in August. Based on my success, my sister decided to try a modified version of the South Beach Diet and she lost 19 pounds in 3 months. More than our personal experiences, Dr. Talbott’s boss and most experts state that a healthy diet with exercise should result in a 1-2 pound per week weight loss (http://www.mayoclinic.com/invoke.cfm?objectid=6DA0F41C-F55D-430B-A0B267A41E791B57&dsection=7 ). Based on Dr. Talbott’s study lasting 12 weeks, it was expected that the weight loss should be 12-24 pounds. Did the participants in the healthy diet and exercise condition in Dr. Talbott’s study lose 12-24 pounds? No, it appears that they lost only one pound. Did the participants in the CortiSlim, healthy diet, and exercise condition lose the expected 12-24 pounds in 12 weeks? No, it appears that they only lost 9 pounds. Why are Talbott’s results so different from weight loss expectations? Now let’s go back to the claims about CortiSlim advertising. A Review of CortiSlim Advertising A June, 2000 article in Response Magazine (http://www.responsemagazine.com/responsemag/article/articleDetail.jsp?id=107297) provides a description of the marketing strategy behind Window Rock Enterprise’s CortiSlim. In that article, it should be noted that Greg Cynaumon and his brother Dana Cynaumon use the word “ethical” to describe their marketing strategy. For those familiar with my previous report on their fraudulent marketing strategy for The Phonics Game (for that report, go to http://www.edresearch.com/PhonicsGameOriginal.htm), there are many similarities in their strategies, none of which would be described as ethical. Some similarities include:
Mr. Cynaumon’s impersonation of many professionals (a medical doctor, psychologist, marriage and family therapist, sociologist, creator of The Phonics Game, etc.) and his false advertising targeting the Christian market (his books sold by Christian book publishers using false professional titles) are mentioned elsewhere in this report. In the next section, I will review some of the different types of false advertising. Radio Advertising The First Radio Commercial The first radio ad was from the Phil Hendrie Show (http://www.chat11.com/Phil_Henry_Show_Notes_For_April_14,_2004). On that show, Mr. Hendrie said “I wouldn’t be on here talking about a weight loss program unless I really believed it; you know me.” Then he said, “I’ve lost inches already in just 7 days.” When I contacted the Oregon Health Sciences University’s Center for Study of Weight Regulation (http://www.ohsu.edu/weight/), they said that the only way a person could lose 2 or more inches around the waist in a week would be on a total starvation diet. Mr. Hendrie did not mention a starvation diet in his testimonial. Mr. Hendrie made it sound as if the waist reduction was based only on his use of CortiSlim. Also, he said that his wife and sons were also using CortiSlim. This advertisement was run approximately 6 months ago on April 14, 2004 and based on his comments he and his family should have lost considerable weight and inches around their waists. The Phil Hendrie Show is nationally syndicated (go to http://www.philhendrieshow.com/wheresphil.html for a list of radio stations). Listeners of the Phil Hendrie Show should call his talk show and ask him about his current weight and waist size and his documented weight loss in the last 6 months. (In Cynaumon’s Phonics Game commercials, local conservative talk show hosts described their children’s success using the game. However, they would not answer the question about if their children improved one full grade as promised in the ads.) The Second Radio Commercial In the second radio ad, Mr. Cynaumon introduces himself as “Dr. Greg Cynaumon” and states that “CBS News did a glowing piece on CortiSlim, the new science in weight loss. Oprah, Women’s Day, and Shape concluded that diet and exercise is great, but until you control your cortisol those pounds will stay put.” CBS News did not do a story on CortiSlim. Oprah, Women’s Day, and Shape did not conclude anything in regards to CortiSlim. Window Rock Enterprises, however, had local ads during the Oprah Show and in those magazines. The use of fake stories in various media locations was a strategy that was used heavily in the Cynaumon’s previous Phonics Game marketing strategy (http://www.edresearch.com/PhonicsGameOriginal.htm). The Third Radio Commercial In the third radio ad, Mr. Cynaumon states “I’m Dr. Greg Cynaumon to introduce (sic) you to a renowned heart surgeon, who found himself 25 pounds overweight, stressed out, and himself a candidate for a stroke or heart attack.” Then he continues, “Now doctors obviously have access to the latest journals and weight loss medications, but non-prescription CortiSlim was his professional choice. Why? Because only CortiSlim is the new science in weight loss.” Later, Cynaumon says, “Now 25 pounds lighter, the doc recommends all-natural CortiSlim to his high-risk patients who need to lose weight or face the reality of a heart attack or stroke.” Then he does not introduce the doctor; the commercial is over. Who is this surgeon who recommends CortiSlim to high-risk patients facing heart attack or stroke? Television Advertising The First Television Commercial In the first commercial, Mr. Cynaumon appears with the caption “Dr. Greg Cynaumon,” which gives the impression that he is a medical doctor because the subject is weight loss. Then he makes the same often-heard claim, “you will drop 15 to 50 pounds quickly and for life.” The Second Television Commercial The second commercial is a 30-minute infomercial, which contains many fraudulent components and does not mention eating a healthy diet and exercising as part of using CortiSlim. The commercial gives the impression that it is an episode of the Breakthroughs Television talk show. In the Response Magazine article, we discover that this “talk show” was actually shot in Steve Cheng’s house; Steve Cheng is the president of Window Rock Enterprises, Inc., the maker of CortiSlim. The article states, "In fact, the show was literally shot in-house. 'The set actually is my house, and I designed my house to be a studio,' explains Cheng. 'It just really has an organic feeling to it.'" There is no Breakthrough TV talk show. (In the previous version of this report, the studio was identified as being the basement. That statement was incorrect.) The first person shown says that she lost 4 inches around her waist and hips in 3½ weeks after using CortiSlim. (In the third commercial, we learn that her name is Valerie and her weight loss claims change dramatically.) Then there is another claim by someone who says that she lost 14 pounds. (In the third commercial we learn that her name is Jenny and, like Valerie, her weight loss claims change dramatically.) Then Greg Cynaumon appears with the caption “Dr. Greg Cynaumon,” giving the impression that he is a medical doctor. Cynaumon introduces his “co-host” Jonnel Goddard and they talk about Mr. Cynaumon’s 30-pound weight loss after using CortiSlim. There is no mention of how long it took him to lose this weight and there is no mention of also eating a healthy diet and exercising. Cynaumon introduces Dr. Shawn Talbott, who is described as a weight loss researcher. Dr. Talbott says he has been studying the effects of cortisol on weight regulation for 15 years. However, when I and a university reference librarian independently conducted reviews of professional research journals, we could not find any studies by him involving weight loss. Instead, we found two studies involving rats and one study involving male rowers, but none of these studies involved cortisol and weight loss.
Based on this review, it would be difficult to call Dr. Talbott a weight loss researcher when our review shows that as of October 6, 2004 he has not published any weight loss research involving cortisol. Going back to the infomercial --- Cynaumon takes the first call to his TV talk show. Her name is Jenny and she says that she lost 14 pounds in 3 weeks. The most obvious issue here is that since there really isn’t a talk show how could Jenny be calling in? There is no disclaimer that the weight loss involved the use of CortiSlim, a healthy diet, and exercise. It appears that Jenny is the same Jenny who appeared earlier in this commercial and claims the 14-pound weight loss. (In the third infomercial, this disclaimer is added and the weight loss amount changes.) The next caller is Valerie, who says that she lost 10 pounds and 4 inches around her waist and hips in 3 ½ weeks. No disclaimer about healthy diet and exercise appears in this commercial. (Valerie also appears in the next commercial, however, with different weight loss claims and with a disclaimer.) At this point in the commercial, Cynaumon recites the often-used phrase
in CortiSlim commercials: The next caller is Steve, who says that he first heard about CortiSlim on Cynaumon’s radio talk show. Mr. Cynaumon doesn’t have a radio talk show. I must admit that it took several viewings of this commercial before I realized who Steve might be. Steve described his 40-pound weight loss and the name Steve sounded familiar. Then I remembered the Response Magazine article in which it was mentioned that this "talk show" was really filmed in the basement of the Window Rock Enterprises's owner -- Steve Cheng. Is the caller Steve really Steve Cheng? Then Debra says that she was watching the show and decided to call. The TV talk show doesn’t exist so how could she have been watching it. The Third Television Commercial (This commercial was aired after my first report
on Greg Cynaumon.)
The first person in the commercial is Valerie, who says that she lost 4 inches around waist and hips in 3½ weeks. On the screen it says that she lost 27 pounds. However, this is same person in the first commercial who claimed the same 4 inches lost, but she said that she lost 10 pounds. (Later in this commercial, the inches lost-claim changes too.) At this point in the commercial, it is similar to the second commercial except as Cynaumon talks about his 30-pound weight loss, there is a tiny caption “Greg has lost 30 pounds using CortiSlim, healthy diet, and exercise” at the bottom of the screen. There was no such disclaimer in the previous commercial. Again, Cynaumon receives phone calls, which raises the earlier issue of how can people call into a non-existent talk show. What is intriguing is the changing claims by the various women in this commercial even though they are in the same setting, wearing the same clothes:
Again, with those claiming a weight loss of 20 pounds or more sometimes there is disclaimer that they had CortiSlim, a healthy diet, and exercise. However, this disclaimer did not always appear. Based on this commercial, either there are fraudulent claims of success or there is an unmentioned side effect of taking CortiSlim. That side effect would be possible memory loss and cognitive dysfunction, which should be brought to the attention of the Food and Drug Administration. Print Advertising For other examples, please read the FDA warning letter. Internet Web Site As in The Phonics Game marketing, the CortiSlim web site has many testimonials with only the person’s first name so it is impossible to check on the validity of the comments. The one exception is the testimonial from a Dr. Grant (http://www.cortislim.com/success.htm). There is no doctor by that name in Alpine, Utah. Based on this result, the validity of the other testimonials should be questioned. The other testimonial from a supposed professional is by Beth Ley, who is identified as having a Ph.D. and is a nutritionist. At http://www.cortislim.com/Success/beth.htm, she states:
Sounds great doesn't it. The only trouble is that Beth Ley doesn't have a legitimate Ph.D. (just like Greg Cynaumon) and is illegally claiming to be a nutritionist. When I did a search on her name, her description on Amazon.com made it sounds as if she received her doctorate at the North Dakota State University http://www.amazon.com/exec/obidos/tg/detail/-/1890766151/002-2112566-8584050?v=glance. The problem is that North Dakota State University does not offer a doctorate in nutrition. I contacted Dr. Bradford Strand, who is the chair of Department of Health, Nutrition, and Exercise Sciences, and he offered to find out more information about Ms. Ley. After finding out that she only had an undergraduate degree from NDSU, he called her in Minnesota. She said that her graduate degrees are actually from the Clayton College of Natural Health. It should be noted that when I conducted a Google search of this college I not only found their web site http://www.ccnh.edu/default.asp, but I also discovered in many web sites, such as http://www.quackwatch.org/04ConsumerEducation/Nonrecorg/amna.html, in which this "college" is accused of fraudulent activity. I decided to call Clayton College of Natural Health for more information. A representative told me that there is no actual campus; the college is actually a correspondence school. The school claims to be accredited http://www.naturalhealthdegrees.com/web/ccnh/index.jsp?CLK=4100812575954082&, but that claim appears to be untrue. When I asked an admissions official if their school was accredited, she assured me that it was accredited by the National Association of Nutrition Professionals. When I contacted that organization, Michele Chartier, the executive director, informed me that they do not accredit any schools or businesses. Then I called the Minnesota Board of Dietetics and Nutrition and asked if it was legal to call yourself a "nutritionist," if you did not graduate from an accredited university. The answer was "No" and that agency will be investigating Ms. Beth Ley's illegal use of the "nutritionist" professional title. (This illegal use of professional titles sounds similar to Greg Cynaumon's history.) You will find more information about Beth Ley soon. Other Quirky Findings Has the Company Changed Their Unethical Behavior? The Federal Trade Commission filed a lawsuit against Window Rock Enterprises, Inc.; Steve Cheng (its presidents); Shawn Talbott; Greg Cynaumon; and his advertising company Infinity Advertising, Inc. and the defendants agreed to change their marketing practices according to the FTC's 10/5/04 press release (http://www.ftc.gov/opa/2004/10/windowrock.htm). It appears that the company are already ignoring the ruling two days later on 10/07/04. I called the company's customer service and asked their representative about getting a customer's money back given the fact that the FTC alleged false and unsubstantiated claims. The representative's response was that, "The problem was just problem with the language on the label." Then she went on to say, "They (the FTC) didn't say that their products didn't work." Obviously, the Window Rock Enterprise customer service representative was giving incorrect information to customers. She gave the impression that the company would only give refunds to customers, who were within the company's 60-day money-back guarantee (less shipping and handling) policy. Based on this conversation, it appears that the company is already violating the agreement. The Federal Trade Commission should review this issue. Summary The Federal Trade Commission should be commended for their legal action against Gregory Cynaumon his company Infinity Advertising, Inc.; Shawn Talbott, Window Rock Enterprises, Inc.; and the company's president Stephen Cheng. I know that the FTC is overwhelmed by fraud complaints and yet the FTC responded in the timely way to halt the defendants' misbehavior. Those working on this case deserve high praise. Earlier in this report, I mentioned that Mr. Cynaumon said, “CortiSlim is the only weight loss product I know of that passes its advertising copy through two Federal Trade Commission attorneys before they put it out there. As a spokesperson for the product, that gives me a sense of security that they are doing it ethically.” Here is response by a FTC attorney to his statement, “Without commenting on any particular proceeding, the general rule is that the FTC does not review and/or pre-approve advertisements prior to their dissemination. Each advertiser is responsible for ensuring that all advertisements it disseminates comply with all applicable statutes, regulations, and case law.” Given the other examples of fraud in this report, one more unethical, fraudulent statement should not be surprising. Does CortiSlim work? Currently, there is no scientific evidence of its effectiveness. The commercials claiming that you can “drop 15 to 50 pounds quickly and for life” came out at least 11 months ago without any research behind those claims. Most of the advertising gives the appearance that all you have to do is take the CortiSlim pills and you will lose weight. The disclaimer that you also need to eat a healthy diet and exercise came later and it is often not mentioned in the company’s advertising. As for Dr. Talbott’s study, it is hard to evaluate it when he won’t release it. Since the study did not include participants who did and did not take CortiSlim and didn’t change their eating and exercise lifestyle, the study does not seem to match the emphasis in the company’s advertising. Based on this report of the company’s unsupported claims, the Federal Trade Commission, the Food and Drug Administration, and the California State Attorney General’s Office, and the Orange County District Attorney should conduct investigations about fraud. More specifically, given Mr. Cynaumon’s history of fraud described in this web site, the Federal Trade Commission should review the possibility of using the Kevin Trudeau ruling involving those with a history of fraud being held personally responsible for their actions (http://www.ftc.gov/opa/2004/09/trudeaucoral.htm). Various local, state, and federal agencies should demand that he pay fines, pay for customer refunds, and face possible criminal punishment for his fraud. What can you do?
With the recent FTC decision, it is important to --- do something. Let people know about this report. Otherwise, more people will buy this product based on fraudulent claims. For more information about Mr. Cynaumon's history of fraud, go to my previous report about him.
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