Wednesday, May 17, 2006
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Video of BioPerformance Internet Site
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|Attorney General's lawsuit against BioPerformance|
|Restraining Order and Asset Freeze|
|Consumer Complaint Form|
View Video of News Conference
BioPerformance claims its top-secret gas pills can save consumers big bucks at the gas pump, said Attorney General Abbott. These claims are bogus; the pill does absolutely nothing to improve gas mileage. The company is merely a smokescreen to trigger the recruitment of more and more paying members into what appears to be an illegal pyramid scheme.
Scientists who tested the product at the University of Texas at Austin and at a Florida university concluded that the pills are mainly naphthalene, the chemical found in mothballs. The Attorney General’s laboratory expert actually concluded BioPerformance’s product could decrease engine performance.
Legitimate multi-level marketing businesses pay commissions based on the sale of goods and services, while illegal pyramids, which the Attorney General alleges BioPerformance is, pay commissions based mainly on the recruitment of people to the organization.
Consumers are encouraged to become dealers at the various dazzling seminars BioPerformance sponsors around the country, at start-up costs of between $300 to over $500. Members can participate at various levels of business volume sales, but ultimately the plan functions on the basis of how many others a member can recruit to become dealers, which is by definition a pyramid scheme. On its Web site the company boasts almost 4,500 Texas members with $25 million in sales since December.
The Attorney General’s lawsuit alleges violations of the Texas Deceptive Trade Practices Act and the promotion of an illegal pyramid scheme, which can result in penalties of $20,000 per violation. The suit requests restitution to consumers who have been financially harmed by the false promises of this operation. These false income promotions include slick Web site come-ons for new sports cars, mansions and exclusive vacations just for helping Americans save money on gas.
The Attorney General’s scientific expert also found that the chemical compound used in these pills can be harmful to humans. Short-term exposure to naphthalene by humans via inhalation, ingestion or skin contact can result in anemia and neurological or liver damage.
Consumers who encounter a business that is making false claims or appears to be operating as a pyramid scheme may file a complaint with the Attorney General’s Consumer Protection Division at (800) 252-8011 or file a complaint online at www.texasattorneygeneral.gov