Office of the Attorney General
Attorney General Stumbo Announces Settlement with The Right Solution on Charges of Advertising False Medical Recall Notice
Attorney General Greg Stumbo announced today that his Office, along with the offices of 17 other Attorneys General, entered into a settlement with two Nevada companies and their owner for advertising false and misleading claims regarding their sale of a progesterone cream product. The companies, Gateway Distributors, Ltd. and The Right Solution Gateway, 3220 Pepper Lane, Las Vegas, NV 89120, and their owner, Richard Bailey, use the name “The Right Solution” to market alternative health products to consumers through the Internet and mail.
This multi-state action alleged that The Right Solution mailed an advertisement to Kentucky residents 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 instead use The Right Solution’s product, “YMotion Yam Cream.” No prescription drug estrogen or progesterone products have been the subject of a medical recall.
The Attorneys General also alleged that The Right Solution’s YMotion Yam Cream is a drug that has not been approved by the U.S. Food and Drug Administration (FDA), and therefore, cannot be legally sold in the United States. The Attorneys General alleged that The Right Solution made false and misleading claims that their product was clinically proven to be safe and effective when, in fact, the product had not been clinically tested or proven to be effective.
In the settlement, the companies and their owner agreed to stop selling their YMotion Progesterone cream or any other drug products unless they are first approved by the FDA. In addition, the companies and their owner agreed to not make any health claims in their advertisements unless they possessed clinical research proving their claims to be true. The Right Solution agreed to refund all of the payments it received from consumers who file complaints by December 11, 2006 about the YMotion Yam Cream products they purchased. The Right Solution agreed to pay a $100,000 penalty to the Attorneys General as well.
“We will not tolerate scare tactics that attempt to frighten consumers into abandoning the use of FDA approved drugs prescribed by a health practitioner,” Attorney General Stumbo said. “Companies that sell health products must be required to advertise their products honestly so that consumers can make informed decisions regarding their health.”
The other states that participated in the settlement are: Arizona, California, District of Columbia, Illinois, Maryland, Michigan, Missouri, Montana, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Vermont, Washington and Wisconsin.
Kentucky consumers who wish to file claims for restitution should write to the Kentucky Attorney General’s Consumer Protection Division, Attn: The Right Solution Claims, 1024 Capital Center Drive, Suite 200, Frankfort, KY 40601 or they may file a consumer complaint form via the Internet on the Attorney General’s website, www.ag.ky.gov. All complaints must be received no later than December 11, 2006.