Class Sees Banned Drugs in Diet Pills

FORT LAUDERDALE (CN) - Recidivist abusers of drug laws are selling a diet drug with bogus claims it is "exclusively from all-natural herbs," though it is "intentionally spiked" with Sibutramine, a dangerous appetite suppressant banned by the FDA, according to a class action.

Named plaintiff Catherine Hyde sued Globe All Wellness LLC and its owner-operators, Alexander Treynker and Eran Hamami, in Broward County Court. Neither man has any medical training, the class says.

Hyde says that she bought a bottle of SlimXtreme Herbal Slimming because its label claimed "it was 100 percent natural and would help her to lose weight."

She says the pills gave her "unpleasant side effects including dizziness, anxiousness, and severe pain in her groin area."

And it's just one of five products the defendants sell that contain illegal drugs, Hyde says.

"This is not Treynker's first rodeo," the complaint states. "He is a prolific marketer of 'all natural' 'herbal' dietary supplements spiked with illegal drugs. In October 2010, the United States Food and Drug Administration (FDA) found three of Treynker's 'all natural' 'sexual enhancement' supplements actually contained Phentolamine, a prescription drug. In June 2011, the FDA found that another of Treynker's 'all natural' 'sexual enhancement' supplements contained Sildenafil, the prescription drug that is the active ingredient in Viagra. The FDA issued warning letters about these dangerous mislabeled products."

Hyde says that "Hamami also has a history of marketing 'all natural' dietary supplements spiked with illegal drugs. In June 2011, the FDA found that ViaExtreme Sexual Enhancer for Men, a 'sexual enhancement' supplement that Hamami marketed with Treynker through Global Wellness LLC ('Global Wellness') also contained Sildenafil.

Hyde adds: "Treynker and Hamami have no education or experience in any form of medicine, in the development of drugs or dietary supplements, or in any related field. So it might be plausible to conclude that the presence of an illegal drug in an 'all natural' product they 'developed' was accidental, or just due to their gross incompetence. That might be plausible if it happened once. Maybe twice. But not five times."

The class claims that Treynker "uses his collection of limited liability companies to fraudulently promote the sale of purportedly 'all natural' supplements intentionally laced with illegal drugs and conceals the proceeds of that fraud to avoid liability."

Treynker formed Global Wellness in August 2007, listing himself and Hamami as managers; in August 2009 he formed Globe All Wellness listing only Hamami as manager, with the same address as Global Wellness, according to the complaint.

In September 2009, Treynker voluntarily dissolved Global Wellness, leaving Globe All Wellness "in its place and his name 'technically' and conveniently not linked to the company," the class claims.

Global Wellness is based in Hollywood, Fla. Treynker lives in Boca Raton, Hamami in Fort Lauderdale, according to the complaint.

Hyde seeks class certification and damages for breach of warranty and unfair and deceptive trade. She is represented by Scott Bursor with Bursor & Fisher of Hollywood, Fla.

Congress has repeatedly refused to rein in the so-called "diet supplement" industry.

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