FORT MYERS, Fla. The Federal Trade Commission is investigating two Fort Myers-based dietary supplement companies accused of deceptive advertising. <\/p>\n
Lexium International and CellMark Biopharma were the subject of a series federal court filings in November demanding that certain information about products and marketing be released to the FTC. Derek Vest, the founder of both companies, is the target of a federal grand jury investigation into misbranded drugs and other crimes. <\/p>\n
The U.S. attorneys office sent Vest a letter in March notifying him about the investigation. <\/p>\n
When you get a letter like this, it means they are fixing to indict you, said Mark Bonner, a former federal prosecutor and Ave Maria law professor. <\/p>\n
The companies are refusing to hand over certain portions of documents, citing Vests Fifth Amendment protection against self-incrimination. <\/p>\n
The FTC contends Fifth Amendment rights that apply to a criminal defendant may not apply to a corporationand is asking for a federal magistrate ruling that would force the companies to release the information,Bonner said. <\/p>\n
Vest did not respond to multiple requests for comment. Business filings show he is no longer listed as the principal agent for either company. <\/p>\n
CellMark Biopharma CEO Craig Pisaris-Henderson emphasized that both companies are separate entities and said CellMark has been fully cooperative with the FTCs demands. <\/p>\n
CellMark has removed the words scientifically formulated from its product packaging, Pisaris-Henderson said. <\/p>\n
We literally make a change to our website and marketing material on a weekly basis, Pisaris-Hendersonwrote in an email. The one thing I can tell you is that while our formulas are made for specific issues and contain a combination of, and levels of ingredients unlike any other product currently on the market, we only state our products are Medical Nutrition that advance cellular health. <\/p>\n
So far no criminal charges have been filed against Vest. <\/p>\n
The U.S. attorneys office and the FTC declined comment. <\/p>\n
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\nWere weight loss pills, other supplements falsely marketed? - Wink News<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"