OAKLAND, Calif. (CN) - A Danville chiropractor has been pushing a traction device to thousands of chiropractors with false claims that it's approved by the FDA and endorsed by NASA, the Alameda County district attorney says. Oregon fined Benjamin Altadonna for similar things in 2007, the D.A. says; Altadonna does business as Doctor's Wealth Creators and other names.
The State of California says Altadonna, of Contra Costa County, entered into a stipulated agreement with Oregon's attorney general in 2007, "requiting that defendant change marketing practices and providing that any promotional claims disseminated by Benjamin Altadonna, D.C., and ACI [defendant Altadonna Communications Inc.] to be based on competent and reliable scientific evidence such as tests, analysis, research, studies or other evidence based on the expertise of professionals in the relevant area. Benjamin Altadonna, D.C., and ACI paid civil penalties as part of the stipulated agreement."
But Altadonna dba Altadonna Communications dba Doctor's Wealth Creators dba Key Practice Solutions is up to it again, the State says, using deceptive ads and deceptive claims he sends to other chiropractors, claiming that colleagues "whom Altadonna defendants routinely refer to as 'members,' have realized profits as high as one million dollars by implementing and disseminating Altadonna defendants' marketing plans."
The state claims the "Altadonna defendants have sold and disseminated thousands of marketing plans to thousands of licensed health care professionals inside and outside the State of California."
Altadonna also made or caused to be made a traction device called the DRX-9000, which he "sold or leased for between $90,000 and $115,000," according to the complaint. He advertised it, with deceptive claims, as the "DRX9000 New Cash Patient Marketing System" or the "DRX9000 Spinal Decompression Lead Generation & Conversion Marketing System," the State says.
The district attorney says California asked Altadonna in 2006 to prove or substantiate the claims he made, "including claims that the DRX was a patented device having FDA approval or that it was used in a valid scientific study that demonstrated an 86% success rate in treating medical conditions like spinal herniation or that the DRX was a medical technology or that the DRX was affiliated with, endorsed or approved by NASA."
But he couldn't do it, the D.A. says.
After meeting with the Monterey County District Attorney about all this, Altadonna began transferring assets to co-defendants Altadonna Living Trust and Diablo Park LLC, the state says.
California seeks an injunction and penalties for false advertising, unfair competition, fraudulent transfer of assets, and violations of the Business and Professions Code. The complaint was filed in Alameda County Court.
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