Business ProfileforNextgen Nutritionals, LLC

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

ON November 17, 2017 The FTC brought action to obtain permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten monies, and other equitable relief against NextGen Nutritionals, LLC, Strictly Health Corporation, LLC, Cyber Business Technology, LLC and their owners Robert G. McLean wife Anna A. McLean for acts or practices in violation of advertising, labeling, promotion, offering for sale, sale, or distribution of BioMazing HCG Full-Potency Weight-Loss Drops, Hoodoba, Fucoidan Force, Immune Strong, and VascuVite.
Mr. Robert McLean is the sole owner of NextGen and CBT. Mrs. Anna McLean is the sole owner of Simply Health. Anna and Robert McLean split the day-to-day management and operating responsibilities for NextGen, Strictly Health, and CBT. Corporate Defendants have operated as a common enterprise while engaging in the deceptive acts and practices alleged below through an interrelated network of companies that have a common business purpose, as well as common officers, managers, and products. Because these Corporate Defendants have operated as a common enterprise, each of them is jointly and severally liable for the acts and practices alleged below. Defendants Anna and Robert McLean have formulated, directed, controlled, had the authority to control, or participated in the acts and practices of the Corporate Defendants that constitute the common enterprise.
Defendants have labeled, advertised, marketed, distributed, and sold BioMazing HCG Full-Potency Weight-Loss Drops ("BioMazing HCG"), Hoodoba, Fucoidan Force, Immune Strong, VascuVite, and other products. These products were sold through numerous websites operated by Defendants, including, but not limited to:
www.biomazinghcg.com, www.hoodobadiet.com, www.fucoidanforce.com, www.makemyimmunesystemstrong.com, www.vascuvite.com, www.nextgennutritionals.com, and www.strictlyhealth.com. Defendants sold their products on both wholesale and retail bases.
BioMazing HCG is a liquid containing Irvingia gabonensis seed extract, L-arginine, L-ornithine, L-carnitine, chaste tree berry extract, wild ram root extract, black cohosh root extract, dong quai root extract, maca root extract, beta alanine, tribulus terrestris fruit, rhodiola rosea root extract, alpha-lipoic acid, and aspartic acid. The retail cost for a two-ounce bottle of BioMazing HCG is $84.
Hoodoba is a capsule purportedly containing 750 mg of hoodia gordonii powder. The retail cost of a 60-capsule container of Hoodoba is $54.
Fucoidan Force is a capsule containing 400 mg of Super-U-100TM Wild Hand-Harvested Atlantic Wakame (Undaria pinnatifida) and 250 mg of Reishi Mushroom (Ganoderma lucidam) extract. The retail cost for a 60-capsule container of Fucoidan Force is $67.
Immune Strong is sold in 100-capsule containers. One serving (two capsules) contains 305 mg astragalus root; 300 mg reishi mushroom; 130 mg asian ginseng; 100 mg schisandra fruit concentrate; 100 mg agaricus (whole mushroom) concentrate; 65 mg agaricus blazel murill; 65 mg lycium concentrate; 45 mg dong quai root; 25 mg epimedium leaf; 25 mg bai-zhu atractylodes; 25 mg achyranthes; 25 mg chinese peony root; 25 mg eucommia bark; 25 mg grapefruit, lemon, and lime peel; 10 mg ligustrum fruit; 10 mg ophiopogon root; 10 mg polygala root; 10 mg poria; and 10 mg rehmannia root concentrate. The retail cost for a 100-capsule container of Immune Strong is $49.
VascuVite is sold in 60-tablet containers. The recommended two-tablet serving contains 500 mg olive leaf extract; 300 mg hawthorn leaf and flower extract; 300 mg grape seed extract; 250 mg calcium; 150 mg celery seed extract; 100 mg convolvulus pluricalis whole plant extract; 100 mg terminalia arjuna bark extract; 40 mg magnesium; 20 mg pomegranate fruit extract; 10 mg l-taurine; and 5.75 mg of zinc acetate. The retail cost of a 60-tablet container of VascuVite is $47.
To induce consumers to purchase their products, Defendants disseminated or caused to be disseminated advertisements and promotional materials. These advertisements and promotional materials have contained representations or statements which:
VIOLATIONS OF THE FTC ACT
1. Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits "unfair or deceptive acts or practices in or affecting commerce."
2. Misrepresentations or deceptive omissions of material fact constitute deceptive acts or practices prohibited by Section 5(a) of the FTC Act.
3. Section 12(a) of the FTC Act, 15 U.S.C. § 52(a), prohibits the dissemination of any false advertisement in or affecting commerce for the purpose of inducing, or which is likely to induce, the purchase of food, drugs, devices, services, or cosmetics. For the purposes of Section 12 of the FTC Act, BioMazing HCG, Hoodoba Pure, Fucoidan Force, Immune Strong, and VascuVite are "foods" or "drugs" as "food" and "drug" are defined in Sections 15(b) and (c) of the FTC Act, 15 U.S.C. § 55(b) and (c).
Count 1
False or Unsubstantiated Claims for Weight Loss Products
1. Through the means described, Defendants have represented, directly or indirectly, expressly or by implication, that:
A. BioMazing HCG forces your body to burn off 1500 to 4000 fat calories per day;
B. BioMazing HCG safely causes, or assist in causing, users to rapidly lose substantial weight, such as 1-2 pounds per day; 80 pounds in 40 days, 59 pounds in 31/2 months, 30 pounds in 25 days, or 30 pounds in 6 weeks;
C. Consumers who use BioMazing HCG will not feel hungry while following a 500 calorie per-day diet;
D. BioMazing HCG resets your metabolism and prevents your body from storing excess fat in the future;
E. Hoodoba is an appetite suppressant that makes you feel full without eating; and
F. Hoodoba causes, or assists in causing, users to rapidly lose substantial weight, such as 100 pounds in 6 months, 84 pounds in 5 months, 50 pounds in 3 months, or 44 pounds in 10 weeks, with no adverse side effects.
2. The representations are false or misleading, or were not substantiated, at the time the representations were made.
3. Therefore, the making of the representations as set forth in Paragraph 22 of this Complaint constitutes a deceptive act or practice and the making of false advertisements, in or affecting commerce, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§
Count II:
False Claims for Weight Loss Products
Through the means described, Defendants have represented, directly or indirectly, expressly or by implication, that:
A. BioMazing HCG contains Human Chorionic Gonadotropin;
B. Consumer testimonials contained in ads for BioMazing HCG represent the actual experience of consumers who have used the product;
C. Tests prove that Hoodoba(r) brand Hoodia causes consumers to reduce average calorie intake by 1050 calories a day; and
D. Consumer testimonials contained in ads for Hoodoba represent the actual experience of consumers who have used the product.
In truth and in fact,
A. BioMazing HCG does not contain Human Chorionic Gonadotropin;
B. Consumer testimonials contained in ads for BioMazing HCG do not represent the actual experience of consumers who have used the product;
C. Tests do not prove that Hoodoba(r) brand Hoodia causes consumers to reduce average calorie intake by 1050 calories a day; and
D. Consumer testimonials contained in ads for Hoodoba do not represent the actual experience of consumers who have used the product.
Therefore, the making of the representations as set forth of this Complaint constitutes a deceptive act or practice and the making of false advertisements, in or affecting commerce, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§45(a) and 52.
Count III:
False or Unsubstantiated
Disease and Immune Support Claims
Through the means described, Defendants have represented, directly or indirectly, expressly or by implication, that:
A. Fucoidan Force fights cancer by causing cell death and reducing the size of tumors;
B. Fucoidan Force can prevent persons not infected by HIV or AIDS from developing those diseases and can keep the infection from spreading to healthy cells in those already infected;
C. Immune Strong prevents or reduces the risk of colds and flu;
D. Immune Strong reduces health-related time-off from work by 97%; and
E. Immune Strong combats deadly ailments and disease including multiple sclerosis, HIV, AIDS, and cancer.
The representations set forth are false or misleading, or were not substantiated, at the time the representations were made.
Therefore, the making of the representations as set forth of this Complaint constitutes a deceptive act or practice and the making of false advertisements, in or affecting commerce, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52.
Count IV:
False Disease Claims
Through the means described in, Defendants have represented, directly or indirectly, expressly or by implication, that:
A. Fucoidan Force is proven to help fight off viral infections;
B. Fucoidan Force is proven to reduce cholesterol;
C. Fucoidan Force is proven to relieve the symptoms of HIV, herpes simplex, and Hepatitis C & D;
D. Fucoidan Force is proven to reduce high blood pressure; and
E. Fucoidan Force is proven to improve liver health by reducing the amount of fibrotic tissue, and preventing more fibrosis from occurring.
In truth and in fact,
A. Fucoidan Force is not proven to help fight off viral infections;
B. Fucoidan Force is not proven to reduce cholesterol;
C. Fucoidan Force is not proven to relieve the symptoms of HIV, herpes simplex, and Hepatitis C & D;
D. Fucoidan Force is not proven to reduce high blood pressure; and
E. Fucoidan Force is not proven to improve liver health by reducing the amount of fibrotic tissue, and preventing more fibrosis from occurring.
Therefore, the making of the representations as set forth of this Complaint constitutes a deceptive act or practice and the making of false advertisements, in or affecting commerce, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52.
Count V:
False or Unsubstantiated Hypertension Treatment Claims
Through the means described, Defendants have represented, directly or indirectly, expressly or by implication, that:
A. VascuVite reduces blood pressure; and
B. VascuVite treats high blood pressure, returning it to normal or nearly normal levels.
The representations set forth are false or misleading, or were not substantiated, at the time the representations were made.
Therefore, the making of the representations as set forth of this Complaint constitutes a deceptive act or practice and the making of false advertisements, in or affecting commerce, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52.
Count VI:
False Hypertension Treatment Claims
Through the means described , Defendants have represented, directly or indirectly, expressly or by implication, that:
A. VascuVite is proven to lower blood pressure; and
B. Consumer testimonials contained in ads for VascuVite represent the actual experience of consumers who have used the product.
In truth and in fact:
A. VascuVite is not proven to lower blood pressure; and
B. Consumer testimonials contained in ads for VascuVite do not represent the actual experience of consumers who have used the product.
Therefore, the making of the representations as set forth of this Complaint constitutes a deceptive act or practice and the making of false advertisements, in or affecting commerce, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§45(a) and 52.
Count VII:
Ethical Seal Program
Through the means described, Defendants have represented, directly or indirectly, expressly or by implication, that:
A. Sites displaying the Certified Ethical Site Seal have been verified by an independent, third-party certification program;
B. Ethical SiteTM has set standards of ethics for the online marketplace; and
C. Ethical SiteTM has independently verified that sites displaying the "Certified Ethical Site" seal are ethical and trustworthy.
In truth and in fact:
A. Sites displaying the Certified Ethical Site Seal have not been verified by an independent, third-party certification program. Ethical SiteTM is operated by Defendant Cyber Business Technology, owned and controlled by Defendants Anna and Robert McLean, who also own and control Defendants Strictly Health and NextGen, the companies running the sites displaying the Certified Ethical Site Seal;
B. Ethical SiteTM has not set standards of ethics for the online marketplace; and
C. Ethical SiteTM has not independently verified that sites displaying the Certified Ethical Site Seal are ethical and trustworthy.
Therefore, the making of the representations as set forth of this Complaint constitutes a deceptive act or practice and the making of false advertisements, in or affecting commerce, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52.

On January 9, 2018 the business and the FTC came to a stipulated final judgment and Permanent Injunction. The Defendants neither admit nor deny any of the allegations in the suit and have agreed to:

I. Banned weight-loss claims
II. Prohibited representations regarding weight and disease-related claims
III. Prohibited representations regarding other Health-related claims
IV. Prohibited representations regarding test, studies or other research
V. Preservation of records relating to competent and reliable human clinical tests or studies
VI. Prohibited representation regarding product ingredients, endorsements and seal programs

A Judgement inf the amount of $1,344,173.00 (One Million, Three Hundred Forty-Four Thousand, One Hundred Seventy-Three Dollars) is entered in favor of the Commission against Individual defendants and Corporate defendants jointly and as equitable monetary relief.

IF you have any questions or would like to see the full reports please see FTC https://www.ftc.gov/ or you may contact them at (202) 326-2222.