Oregon Department of Justice

Attorney General Ellen F. Rosenblum

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AG SETTLES WITH ATLERNATIVE HEALTH COMPANIES FOR ADVERTISING FALSE MEDICAL RECALL NOTICE

June 14, 2006

AG Hardy Myers Files Settlement Agreement With Alternative Health Companies & Owner For Advertising A False Medical Recall Notice

Oregon Attorney General Hardy Myers today announced the filing of a settlement agreement with two Nevada companies and their owner for advertising false and misleading claims regarding their sale of a progesterone cream product.  Named in an Assurance of Voluntary Compliance filed today in Marion County Circuit Court are Gateway Distributors, Ltd. and The Right Solution Gateway of Las Vegas, Nevada, and their owner, Richard Bailey. Bailey's companies use the name "The Right Solution" to market alternative health products to consumers through the Internet and mail.

AG Myers and 17 other Attorneys General alleged that The Right Solution mailed an advertisement to residents of their states labeled as a "Medical Recall Notice." The notice falsely stated that prescription estrogen and progesterone products have been the subject of medical recalls.  The Right Solution's Notice stated that these products are hazardous to consumers' health and further claimed that these products could cause breast cancer, cervical cancer and endometrial cancer.  The Notice urged and advised consumers to use The Right Solution's product, "YMotion Yam Cream," instead.  No prescription drug estrogen or progesterone products have been the subject of a medical recall.

"The marketing strategy was simply to scare Oregonians into purchasing unapproved drugs," Myers said. "The products, as marketed, had not been clinically tested or approved by the U.S. Food and Drug Administration and could not be legally sold in the United States."

Under the Assurance, the companies and their owner agreed to return all of the payments received from consumers, who file complaints about the YMotion Yam Cream products they purchased by December 11, 2006. Oregon residents wanting to file claims for restitution may call the Oregon General's consumer hotline at (503) 378-4320 (Salem area only), (503) 229-5576 (Portland area only) or toll-free at 1-877-877-9392 or file online at www.doj.state.or.us.

In addition, The Right Solution agreed to stop selling their YMotion Progesterone cream or any other drug products as treatments for human illnesses or diseases unless first approved by the FDA and to not make any health claims in their advertisements unless they possess clinical research proving their claims to be true.  The Right Solution also agreed to pay a $100,000 to be shared by the 18 participating states.

Other states participating in the settlement are Arizona, California, District of Columbia, Illinois, Kentucky, Michigan, Missouri, Montana, Nevada, North Carolina, Ohio, Pennsylvania, Tennessee, Vermont, Washington and Wisconsin.

Contact:

Jan Margosian, (503) 947-4333 (media line only) jan.margosian@doj.state.or.us |
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