Attorney General sues company over claims for breast products

By Peter Lewis
Times consumer-affairs reporter

E-mail this article Print this article Search archive Most read articles Most e-mailed articles

The office contended the claims are particularly troublesome because the products are aimed at teenagers, and they contain hormones that have not been tested as safe. The products — including lotions, creams, pills and "Bust Tea" — are marketed under the name Herbal Breast Advantage (HBA).

"This case is important because of the misrepresentations about effectiveness of the products, and because of the potential health threat for a vulnerable population," Attorney General Christine Gregoire said.

In a lawsuit filed in King County Superior Court, the state alleges the company, Nature's Advantage, and owner Vaughn Wolfe, claimed that its products result in a "95 percent chance of breast growth and/or lifting, firming, shaping, etc. at some level" and that "clinical studies" indicate the products work.

But the defendants cannot support such claims by reference to "any clinical studies or data, or any controlled tests, analyses, research, studies or other scientific evidence," the state asserts.

Seattle attorney Griffith Flaherty, identified by Gregoire's office as Wolfe's attorney, did not respond to phone call and e-mail messages yesterday.

Assistant State Attorney General Paula Selis said Nature's Advantage has been operating in Washington state since 2002. She said no consumers have complained about the company or its products, but added, "This is precisely the kind of case where consumers are not disposed to filing complaints. They are generally embarrassed by their purchases and tend to swallow any dollar loss they might have sustained."

Her office took action after it became aware of the company's Web sites and determined it was a Washington-based company that sold nationwide, Selis said. Her office does not know how much in sales the company was making from its product line, which ranges from $3.99 for a bar of soap to $259.99 for a three-month supply of an assortment of goods called the "complete value system."

The company claims that its products do not contain hormones but they do, the state's suit asserts. The company also says its products' active ingredients all are recognized as safe by the Food and Drug Administration when the FDA has not reviewed the products for safety, the suit states.

To bolster its claim that the company targets teens, the suit included the following Q&A from a section of company's Web site:

"I'm 16 years old; can I take HBA for a development boost?"
 
"Yes! HBA is great for teenagers who are under developed."

The Web site also features many pages of product testimonials, including one from a woman named "Rachael" who identifies herself as a strip-club dancer. Rachael claimed her income had kept pace with the size of her breasts, which had grown "3 cup sizes" since she started taking HBA pills.

But Selis was dubious. "I think that part of our investigation ... will center on the veracity of the testimonials."

The civil complaint seeks a court order to block the defendants from engaging in deceptive business practices, plus civil penalties of up to $2,000 per violation and compensation for the state's costs, including attorneys fees.

Peter Lewis: 206-464-2217 or plewis@seattletimes.com