Garvey Is Accused of False Claims

Former baseball star Steve Garvey made “flagrantly false and deceptive” claims when he touted a weight-loss product that promised dieters they could eat all the fatty foods they desired, a government attorney charged in Los Angeles federal court Tuesday.

The Federal Trade Commission is suing the former Dodger for the $1.1 million he made from endorsing the Enforma weight-loss system on two widely disseminated infomercials in 1999 and 2000. The FTC contends that Garvey should be held accountable because he endorsed the Enforma system.

On the opening day of the non-jury trial, FTC lawyer David P. Frankel quoted Garvey as telling viewers in one infomercial:

“Look at all these delicious supposedly forbidden foods--barbecued chicken and ribs, buttered biscuits. Foods you can eat when you crave them, without guilt, without worry, and it’s all because of a few little capsules.”

Frankel told U.S. District Judge Gary A. Feess, “Any reasonable person stating these claims should have known they were fantastic.”

The Enforma system consists of two dietary supplements: a product called Fat Trapper, which purportedly prevents the absorption of dietary fat; and Exercise in a Bottle, which is supposed to increase the body’s capacity to burn fat.

Enforma Natural Products Inc., the Woodland Hills-based company that markets the products, settled a deceptive advertising lawsuit with the FTC two years ago. Without admitting wrongdoing, the company agreed to pay the government $10 million and promised to refrain from making any deceptive weight-loss claims.

Garvey did not attend Tuesday’s court session.

Feess made clear that his decision would hinge not on whether Fat Trapper and Exercise in a Bottle were effective, but whether Garvey made any serious effort to substantiate his claims.

Harvey I. Saferstein, one of Garvey’s lawyers, protested to Feess that it is unfair to “tell spokespeople for products that they have to be scientists as well.”

Saferstein contended that such a requirement would have a chilling effect on commercial free speech.

Someone who persuades others to “part with their money” better be careful about what they say, Feess retorted.

Attorney Edward F. Glynn Jr. told the judge that Garvey substantiated the products’ efficacy by trying them himself. So did Garvey’s wife, Candace, owner of Garvey Management Group, a co-defendant in the FTC lawsuit, Glynn said.

Dietary supplements are not subject to the same efficacy standards as pharmaceutical drugs. They can be banned only if they are found to be dangerous. There has been no such finding with the Enforma products. Supplement makers are, however, prohibited from making false claims.

Andrew Grey, Enforma’s chief executive, said in a telephone interview that his company has sold more than 7 million bottles of the supplements since 1998.

“Our product is backed by years of scientific research,” he said.

Enforma no longer employs Garvey to promote its products.