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May 2, 2004 -- EXCLUSIVE
Dr. Phil McGraw has been slammed with a class-action lawsuit accusing him of deceptive and untruthful advertising of his Shape Up! weight-loss products, The Post has learned.
"We want everyone who bought these things to get their money back," says lead lawyer Henry Rossbacher, who filed the potentially big-bucks lawsuit in Los Angeles on behalf of three customers.
McGraw has been endorsing the Shape Up! products - which include nutrition bars; weight-management supplements; so-called "intensifier" pills to increase the effectiveness of other pills; and meal-replacement shakes - since they went on sale last year.
The lawsuit - believed to be the first filed against Shape Up! - comes after the Washington, D.C.-based Center for Science in the Public Interest raised serious questions about the products' effectiveness.
The Shape Up! pills - which cost consumers $60 a month if they take the recommended 12 a day - are advertised as having different formulas effective for apple-shaped or pear-shaped body types.
The Shape Up! Web site says that "apple body types store excess fat in their stomach region and need more help with metabolizing carbohydrates."
"Pear body types store excess fat around their hips and thighs - areas more resistant to weight-loss efforts."
But an investigation by the Center for Science in the Public Interest found the pills for each body type are practically identical.
The lawsuit, which also named Shape Up! manufacturer CSA Nutraceuticals as a defendant, said the manufacturers falsely claim that some of the products contain "scientifically researched levels of ingredients that can help you change your behavior to take control of your weight."
"There is no credible scientific evidence that these products or their ingredients individually or in combination have any effect on behavior," the suit says.
The suit was filed March 26 in Los Angeles County Superior Court on behalf of customers Joanne Levine, of Los Angeles, Steven Burda of Bensalem, Pa., and Nancy Harmon of Athens, Tenn.
The Center for Science in the Public Interest said Dr Phil's Shape Up! Shakes are made from "just a run-of-the-mill powder made from milk, fiber and vitamins."
And his bars, made from sugars, oil, soy protein, fiber and still more vitamins, seem formulated without the help of Dr. Phil's book, "The Ultimate Weight Solution," which declares sugars and fats "off-limits if you want to successfully control your weight," the center said.
McGraw's lawyer, Bill Dawson, said in a written statement that McGraw believes in the products' quality and "that they are properly described."
He claimed McGraw has no financial interest in the products as "every penny of the licensing fee goes to his charitable foundation to fight childhood obesity . . . and do other good deeds."
CSA Nutraceuticals is housed in the same offices as Courtroom Sciences Inc., McGraw's own litigation-consulting firm.
It was as a trial consultant that McGraw met Oprah Winfrey, when she hired him to help her fight a lawsuit by Texas cattlemen. This alliance ultimately led to McGraw's weekly appearances on her show and, eventually, to his own daytime series.
CSA's president is Gary Dobbs, McGraw's partner at Courtroom Sciences, and its chief operating officer is Brent Dobbs, Gary Dobbs' son.
Winfrey appears to be less than enthralled by the products, saying, "I feel that a person should own their own name and make their own choices."
When she recently launched her own weight-loss series with country singer Wynonna Judd, McGraw's plan and products were nowhere to be found.
Industry experts say it is impossible to tell this early how well Shape Up! is selling.
Sophia Dembling is the author of "The Making of Dr. Phil."