Woman files suit over diet program

A Pasco County woman seeks class-action status in her suit against the makers of the Body Solutions diet plan.

By CHASE SQUIRES, Times Staff Writer
© St. Petersburg Times
published January 18, 2002

Janet Makinen

DADE CITY -- Janet Makinen heard the radio pitch for Body Solutions again and again: Lose weight while you sleep.

It seemed perfect, Makinen said. She called the toll-free number in April; she bought the liquid mixture, she said, downed a tablespoon and chased it with water dutifully three hours before bed.

She gained 6 pounds. She lost $150.

Makinen this week launched what her attorney thinks is the first Florida lawsuit seeking class-action status against Texas-based Mark Nutritionals, makers of Body Solutions. The lawsuit demands the company change its marketing and refund money to everyone who bought the company's powders, liquids and sprays.

"I think the reason most people have never taken on the company is they just are embarrassed. They chalk it up," the 51-year-old homemaker said. "It just finally got to me."

Makinen is not obese. She's about 5 feet tall, weighs about 138 pounds. She wanted to lose a dress size or two. Trim all her life, she said she watched her weight rise from the low 100s to the 130s and wanted to rein it in.

Her attorney, Christa Collins of Tampa, said word got out Wednesday after she filed the lawsuit in Dade City's Pinellas-Pasco Circuit Court office. By Thursday, Collins had heard from dozens of people fed up with Body Solutions. She said she's ready for a fight.

"It's just feeling for, and being able to identify with what I feel are countless numbers of women and men who are particularly vulnerable to claims of easy weight loss," Collins said. "How nice would it be if we could all lose weight while we sleep without exercise and without changing the way we eat."

Experts say we can't.

In a 1997 memo, the Federal Trade Commission warned, "Lose weight while you sleep -- Claims for diet products and programs that promise weight loss without effort are phony."

Dietitian Karen Davidowitz of the Heart and Vascular Institute of Florida in Pinellas County said a list of Body Solutions ingredients appears innocuous. Some might act as diuretics, which could hurt people in poor health, she said. Others, such as aloe and proteins, might not do anything.

There's no replacing sensible eating and exercise, Davidowitz said.

A Body Solutions spokeswoman did not return telephone calls Thursday. The company's Internet site says the program "helps your body lose weight while building lean."

It also says no refunds.

A 30-day supply of the "evening weight loss formula" is $48, discounted from $60. A three-month package, including a fruity energy spray to replace snacking, is $158.96. And there are available add-ons such as a food diary, a pedometer and daytime formulas.

While on hold at the company, callers hear recorded testimonials.

"I've lost 60 pounds. I eat everything I normally do," one says. "I eat a Dilly Bar from Dairy Queen," says another. Testimonials for Body Solutions also are a fixture on local radio stations.

Mark Tuuri, general manager of the station where Makinen says she heard about Body Solutions -- WWRM 94.9 FM -- said Thursday his on-air personality Mark Jackson endorses the product and uses it.

Tuuri said Jackson is not a newscaster, he's an entertainer, and he sees no conflict of interest in advertising the product.

"Advertisers have products that they like to advertise," Tuuri said.

Federal Trade Commission spokeswoman Brenda Mack said her agency hasn't acted against Body Solutions, but she said the FTC is aware of it and she said concerned customers can register complaints at the Internet site, www.FTC.gov, or by calling toll-free 1-877-382-4357.

Makinen said she's through with fads.

She's going to exercise.

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