Sonoma County part of $2.65 million settlement with Irwin Naturals

Dietary supplement distributor Irwin Naturals, Inc. was ordered to pay $2.65 million to 10 California counties -- including Sonoma -- in the settlement of an unfair competition and false advertising lawsuit, Sonoma County District Attorney Jill Ravitch announced today.

  "This was the largest multi-jurisdictional settlement of its kind in California by a dietary supplement manufacturer for unfair business practices," Ravitch said in a news release Wednesday afternoon. "My office is working diligently with prosecutors throughout California to ensure that consumers receive accurate and complete information about the health-related products they are putting into their bodies."

Ravitch said the civil enforcement action was filed in Orange County Superior Court by the District Attorneys of Sonoma, Alameda, Marin, Monterey, Napa, Orange, Santa Clara, Santa Cruz, Shasta, and Solano counties.

It sought to enjoin Irwin Naturals from falsely advertising and misbranding certain of its dietary supplement products, and from violating Proposition 65, which requires a warning label on products that expose consumers to more than one-half microgram of lead per day.

The judgment was approved by the Hon. David McEachen on Tuesday, Ravitch said. It requires that Irwin products marketed and sold in California be accurately marketed and labeled, and include proper warnings if the product exposes consumers to more than 0.5 micrograms of lead per day. 

Ravitch said in the news release that the order also requires Irwin Naturals to pay $1,950,000 in civil penalties, $600,000 in costs and up to $100,000 in restitution to California consumers who did not receive previously requested refunds.

 Irwin Naturals is based in Los Angeles, and markets and sells dietary supplement products via direct sales and through retail channels.

According to Ravitch's news release, the lawsuit accused Irwin of making false and misleading representations in connection with the marketing and sale of certain products, including Dual Action Cleanse, Fast Action Hoodia Diet, and the 10 Day Hoodia Diet.  Testing of Hoodia products revealed that they did not contain any Hoodia gordonii, contrary to their labeling information. 

Laboratory tests also revealed that certain products, including Green Tea Fat Metabolizer, Green Tea Fat Burner, System Six and Green Tea Fat Meltdown contained over 0.5 micrograms of lead per daily dose and did not include a proper warning label.  Irwin stopped selling or reformulated all of these products since being alerted to the issues, and will be required to include warning information with all products marketed to California residents containing specific lead levels in the future, Ravitch said.

 The settlement did not require Irwin to admit fault or liability, but Irwin agreed to strict injunctive terms to prevent any future unfair or deceptive business practices.  Irwin Naturals was ordered to pay restitution to consumers who filed documented complaints with the company, the Better Business Bureau, the California Attorney General or any of the prosecuting District Attorney Offices between July 1, 2006, and Jan. 18, 2011, who did not already receive refunds.