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    Scambuster

    Complaint: Cellu-Systems Canada

    January 20, 2002

    Charges: False advertising and promotion and sale of restricted herb gotu kola.

    Purchase: I bought the Cellu-System at a Shoppers Drug Mart on January 19, 2002.
    The company is based in Toronto.

    Web site: www.cellu-system.com

    Products:

    Toning Cream
    Toning Tea
    Toning Capsules
    Magnetic Toning Shorts
    -- That's right MAGNETIC TONING SHORTS.

    Manufacturer:

    Vital Science Corp.
    Box 89557
    Toronto, ON
    M4P 1K2
    800-231-4751
    416-484-4578 - fax

    MAGNETIC TONING SHORTS

    The Revolutionary Cellu-System
    Magnetic Toning Shorts

    The Cellu-System Magnetic Toning
    Shorts revolutionizes skin toning by
    introducing localized waves of magnetic
    therapy to the areas of a woman's
    body that are the most difficult to
    tone. The exclusively designed
    Magnetic Disc Strips are anatomically
    positioned to target penetrating
    magnetic waves to your hips
    and buttocks where signs of 
    "dimpled skin" are most
    evident.
    
    The Cellu-System
    Cellulite is the result of several independent factors
    that occur in a woman's body as a natural part of
    the aging process, whether she exercises or not.
    Cellu-System, which consists of Toning Tea, 
    Toning capsules, Toning Cream, and Magnetic
    Toning Shorts, is designed to naturally target the
    appearance of skin. Only Cellu-System helps
    you to Look Good from Every Angle. 

    (This by the way claims to be a Trademark) CAUTION: Do not use the Magnetic Toning Shorts if you are pregnant, using a pacemaker or any other electrical device, have open wounds, blood clotting problems or have been diagnosed with myasthenia gravis. If you are on any medication please consult your physician before use. Not recommended for children.

    (Now this is ridiculous on all accounts. These magnets don't do anything, they don't treat anything, they are not worn on the chest, and children don't get cellulite. So what in the world do these marketers hope to accomplish with these nonsensical warnings.!!!!)
    Herbalist Marion Marshall state that, "Using
    magnetic therapy is an effective wayh to target
    internal medicine to a particular area.
    The synergistic effect of herbal medicine and
    magnetic therapy shows measurable results when
    applied to previously stubborn problems".
    ( Now who is Marion Marshall? What are her credentials as an "herbalist"? Does she have a PhD in physics, or medical therapeutics, or pharmacology?)
    DIRECTIONS: The Cellu-System Magnetic 
    Toning Shorts can be worn at any time, but are
    recommended to be worn while sleeping, for an
    average duration of 6 to 8 hours. Use the
    Magnetic Toning Shorts in combination with the 
    complete Cellu-System. 

    (Very interesting - What do you do if you already wear magnetic socks, shoes, and sleep on a magnetic mattress?) CONTENTS: One pair of exclusively designed Magnetic Toning Shorts with "built-in" anatomically positioned Magnetic Disc Strips CARE: Hand wash, lay flat to dry. (Funny it doesn't say whether you need to orient the short in a particular direction when drying.

    Another slogan from their own web site: "It works because it's different, It's different because it works!"

    (I am really impressed with this one folks. I think I'll buy the company,.....NOT)

    Essence of my complaint:

    I spend a lot of my time, as the head of Dietfraud.com, searching local stores for bogus products and report them to the vendors, the goverment, and the media if I find one that I consider bogus, dangerous, or disreputable.

    I especially get upset when I find these types of products at major drug store chains, and Shoppers Drug Mart is just about the worst one of the bunch. I've bought just about every kind of scam product from their stores that there is in Canada, but this one tops the worst list for this year.

    I asked the pharmacist if he had any information about just one of the ingredients in two of the products. Gotu kola is an herb that was in the Cellu-System Toning Tea, and in the Toning Capsules. He didn't know anything about it. Nor, did he have any way to find out for me.

    The boxes scream out this slogan said this: "The Natural Way to Look Good from Every Angle" And, it also says "Clinically Tested" I don't see any clinical tests listed. All I saw was a bunch of testimonials on their rather poorly designed and amateurish web site.

    Their packaging showed the bare back of what appears to be a caucasian woman, scantilly covered with a blue towel. Well, I need to explain to you that I am very concerned as a consumer about what I put into my body, and I am a more than a little scared. I don't see clinical research, I see testimonials.

    Questions for Health Canada and Vital Science Corp.

    Gotu kola
    1. This herb gotu kola, appears to be restricted by Health Canada.

    2. Gotu kola site with description of toxicity, side effects, warnings, etc. I don't seem to find any of this on the packaging and the manufacturer's own web page. Pity....

    3. Canada Customs and Revenue Memorandum D10-14-30 - Discusses natural medicinal preparations as medicaments. Check out section #8 for guidance. Show me the evidence folks, that's all they want. That's all the consumers of Canada deserve.

    4. Can the manufacturer reveal what clinical studies were done and where they were published? Were they aware of the Health Canada's position on gotu kola?

    5. If gotu kola products make health claims they must have a DIN according to a published memorandum from Revenue Canada: D19-9-1 Traditional Medicines, Including Herbal Products

      10. Traditional medicines generally do not have a DIN/GP if they do not make any therapeutic claims. Currently, they are generally controlled as food products. Revenue Canada will refer to Health Canada commercial shipments of traditional medicines that make therapeutic claims. Health Canada will determine whether or not the goods may be imported. Personal importations of traditional medicines are permitted in a single-treatment size or a three-month supply.

    Who at Health Canada approved the manufacture and distribution of any of the herbs contained in the Cellu-System products in Canada? If they make health claims, why does the herbal products not have to comply with regulations? Are the gotu kola raw herbs imported, and if so, what did the company tell Revenue Canada and Customs what they were using the herbs for?

    Magnetic Toning Shorts

    1. Did the vendor of the Magnetic Toning Shorts have clearance through the Advertising Standards Council to advertise?

    2. Where is the proof for any of the claims?

    3. Who were the names of the sales representative who sold this stuff to Shoppers Drug Mart? What were they told by the company to say to Shoppers Drug Mart buyers in regards to the products?

    4. How much did Cellu-System pay for prime positioning in the stores?

    5. What evidence did they present to Shoppers Drug Mart that convinced them to carry these products?

    6. Why don't the pharmacists at Shoppers Drug Mart know anything about the products?

    7. Why is Dini Petty is on the company's web site? Is she really part-owner of this company? - I did a search for her name and found no credible evidence that she has any training in cosmetics, herbology, or medicine, but I do believe she is a former Scientologist. Are there any dermatolgists, bariatric physicians, or even naturopaths who work for the manufacturer, or do one of the eight partners have a license in one of the regulated health professions in Ontario?

    8. Where is the miraculous research that was done, and who did it?

    9. The manufacturer of the Cellu-System is linked to Dermaglow Skin Care. They have a whole range of products that include biomarine protein caplets that are supposed to work from the inside. I assume that it's similar to Imedeen, or Cellasene, but not sure.

    Shoppers Drug Mart and promotion of fraudulent products

    It really shakes my faith in Shoppers Drug Mart to see such rubbish put on their shelves. These Cellu-System products were right across the aisle from the Fat Trapper products, so they are probably in a good spot to grab the public's eye.

    I am really interested in what the management of Dermaglow and Vital Science Corporation Canada have to say, and am looking forward to hearing from someone who can put me at ease.

    The Advertising Standards Council do nothing about health scams if they don't have a DIN number. But, I am asking the ASC to immediatly address the nature of the packing, the deceptive information on their web page as it pertains to the Magnetic Toning Shorts.

    Health Canada has so far ignored all complaints made by me in regards to magnetic devices, and we don't know why. Certainly the Magnetic Toning Shorts are magnetic products that clearly make medical claims which are clearly in violation of Health Canada Policies.

    Why would Shoppers Drug Mart carry this product? Why is Health Canada not able to control these products. Hundreds of web sites in Canada advertise magnetic devices, and most of them are right here in Southwestern Ontario.

    The claims made by Cellu-System are not just ambigous, they are clearly bogus and fraudulent.

    In fact, we feel that the Competition Bureau should investigate this particular product immediately. Consumer Information Canada is one of the only places where the public can go to see what is available to them to complain about Canadian products and services. Billions of dollars worth of internet sales of bogus products have been ordered through Canadian based scam operations, and yet you wouldn't know it from looking at any government affiliated web site. What is the deep dark secret here?

    HealthWatcher and its sister consumer web site Dietfraud.com provide a single complaint page for both Canada and the U.S. Please see below about the magnetic product frauds being perpetrated in the U.S., and the investigations and opinions of experts that have been recently reported by Canadian and American reporters and scientists below.

    Class Action against fraudulent products

    If the Competition Bureau does not listen to complaints about products like Cellu-System, then there is really no other choice but to organize an information campaign and to feature these products on our site..

    We are gathering names for a Class Action lawsuit and we aim to include all vendors, distributors, and outlets that sell these products.

    If Shoppers Drug Mart would kindly put a disclaimer on their shelves attached to these products, that would also be a public service, but it is clear to me that SDM continues to feature, advertise, and market products that have no clinical backing, that are fraudulent, and that are potentially injurious to the health of its customers.

    Shoppers Drug Mart were formerly owned by a tobacco conglomerate known as Imasco, that has now been split up. They now have an IPO in the works.

    It is clear to me that Shoppers Drug Mart actively supports quackery, like magnetic therapy, and even has a web section to prove it. The evidence that is presented on their site is about the weakest I have ever seen in favour of magnetic therapy. It's really quite amusing, but for the customers who buy the magnetic products that have been hawked by SDM at natural health products shows recently, it is a real slap in the face for them.

    Magnetic scams and quackbusters

    Magnetic devices and products have been the subject of numerous lawsuits and government actions in the U.S. Canada has done nothing to prevent these scams, despite their own regulatory policies.

    Who sells or supports magnetic products like Cellu-System

    • Toronto Star owned regional magazine - Forever Young Article on web site from Forever Young by Ellen Ashton-Haiste. It says that Dini Petty is a partner in the company. It identifies Marion Marshall as a medical herbalist. What does that mean? Does she have a degree in medical herbalism? Does she have a license to practice?
    • Magnapack - London, Ontario based distributor These folks sell the Cellu-System, too. And, they sell it for a lot less than Shoppers Drug Mart.
    • Magnapak Newsletter #7 For more magnetic quackery, this one has to win some prize. My oh my, someone named Cathy Miner won a prize here. Is it possible that Cathy is the same person who did work for the Cellu-System folks, or is this just a coincidence. They also sell Sota instruments, base in British Columbia. Sota markets zappers and other devices used by people who follow Hulda Clark's protocols to treat cancer. According the the Magnapak web site, Sota Instrument's Magnetic Pulser, Silver Pulser and Bio-Tuner. These products are all registered type II medical devices by HPB Canada. Wow, aren't we smart. I wonder why Health Canada's device people allowed these devices on the market. What would they do if they found out people were using them to treat cancer. In fact, these folks brag out their license from Health Canada. Do the people from Cellu-System have a license from Health Canada, too?
    • Magnapak sells to Amway, too
    • Become a magnetic healer Magnapak links to a site where you can even get a mailorder diploma for magnetic healing, just in case you can't attract enough negative people while wearing the magnetic bloomies.
    • Magnetize your water, too In case the Walkerton Water Inquiry missed this one, I'd say it's about time to magnetize your water, just in case.
      Registration from Network Solutions shows this address:
      
                      Registrant:
                      Vital Science Corp. (CELLU-SYSTEM-DOM)
                      129 Old Orchard Grove
                      Toronto, Ontario M5M 2E1
                      CA
      
                      Domain Name: CELLU-SYSTEM.COM
      
                      Administrative Contact, Billing Contact:
                      Brito, Suzana (SBJ162) suzana@INTERLOG.COM
                      Niche Consulting
                      55 Brownlow Avenue Suite 707
                      Toronto, Ontario M4S 2L1
                      CA
                      416-932-8369 (FAX) 416-932-8369
                      Technical Contact:
                      Administration, DNS (NA979) dnsadmin@IDIRECT.COM
                      ID Internet Direct Ltd
                      5415 Dundas Street West, Suite 301
                      Toronto
                      ON
                      M9B 1B5
                      CA
                      416-233-7150 (FAX) 416-233-6970

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