Warning More on Acai Berry Scams

WARNING ON ACAI SCAMS: CAOH® has had an increase in inquiries relating to "victims" of Acai SCAMS who signed up for "free trials" and are still being charged monthly un-authorized transactions. All Acai Scams so far have originated from the US.

CAOH® does not conduct free trials that require YOUR credit card information AND we use a third party SSL merchant facility (eway.com.au) for all credit card transactions. CAOH® encourages ALL Acai Lovers to exercise extreme caution insigning up for US based Acai purchases.

We sell Acai Berry because we love it and we know you will also!

Another Settlement Reached with Seller of Acai Berry Supplements

March 23, 2010 by  
Filed under Acai (Euterpe oleracea), In The News, Recent Posts

Nutra Pills barred from making 'free' offers unless they really are!

By: James Limbach, ConsumerAffairs.com

Attorneys for the state of Colorado have reached a settlement agreement with Nutra Pills, Inc., and its owner, Joshua D. Bezoni, to bring the internet marketer and seller of nutritional supplements, including acai berry supplements, into compliance with state's consumer protection laws.

In addition, consumers who did business with the company over the last year will be reimbursed.

The Office of Attorney General John Suthers says it learned through its investigation that Bezoni's Arvada-Colorado-based company, which has operated under the names Golf Nutrition Sciences and GNS, used so-called "free-to-pay conversion" marketing since 2005, which resulted in consumers unknowingly incurring continuing payments for products that they initially believed were free.

According to court filings, consumers signed up for free trials of products, such as Acai Berry Edge, Acai Berry Elite and Slim Seduction, and believed at the time they placed their order that they were authorizing only the shipping and handling charges for the free trial. When the free trial arrived, however, consumers also received a two-month supply of the product and were given a limited amount of time to return the product or face a nearly $80 charge within 30 days.

That's what happened to Cathy of Locust Grove, OK. She tells ConsumerAffairs.com that she ordered Slim Seduction, which was offered for a free trial period, after which she would be billed $39.90 for each of 2 bottles and pay only $3.97 shipping at time of order.

"After trying the product for about a week and a half, decided it wasn't for me," she says. "Called and received a return authorization and confirmation numbers. Sent product back via USPS with delivery confirmation tracking service. Product was received back at GNS on 3/20/09. My account was billed $79.90 on 3/22/09. I am now in the process of trying to get a hold of someone there to get my account credited."

Additionally, if consumers failed to take any action to cancel their order and send back the two-month supply of product, they were enrolled into the company's "continuity" plan, which meant the company continued to send products to the consumer and charge the consumer nearly $80 for each shipment.

More than one thousand consumers complained that they had no idea they were agreeing to the additional charges associated with the free trial offer and that once they did realize it, it was often too difficult or too late to get a refund from the company.

Sandra of Tucker, GA, found out about that the hard way. She tells us that after receiving a sample product, for which she would be charged shipping only, she called and cancelled any future orders. "The girl told me it was cancelled and assured me I would receive no more product or charges. The next month I received a $79.90 charge on my card and was assured it would be credited (it wasn't). This month I have a $69.90 charge again. They are now $150 ahead and I still don't have any proof that they won't steal another amount next month."

The company generated $40 million in sales in 2009 — nearly all of it a direct result of its free-to-pay conversion sales. Since the attorney general launched the investigation into Nutra Pills one year ago, the company has refunded nearly $9 million dollars to consumers and has ceased doing business.

Under the terms of the settlement, approved by a Jefferson County District Court judge, Bezoni and his businesses will be prohibited from marketing "free" products unless they are, in fact, free and not part of a free-to-pay conversion plan. Bezoni and his businesses also will be barred from enrolling consumers into continuity plans unless the terms of the plan, including the cancellation policy, are clearly and conspicuously disclosed to consumers before they sign up to receive a product and again after the transaction has been completed.

In addition, Bezoni and his businesses must obtain express authorization from consumers for all charges associated with the initial transaction, including future charges, and they must disclose when those charges will be levied. The agreement requires Bezoni and his businesses to allow consumers to cancel in the same manner that they signed up to receive a sample. It also requires Bezoni and his companies to obtain the express authorization every 12 months from consumers already enrolled in a continuity plan to remain enrolled.

Bezoni and Nutra Pills also must pay a $100,000 fine, half of which the Attorney General agreed to suspend for a period of five years barring any violation of the settlement. In addition, Nutra Pills must reimburse all consumer complainants who filed complaints since December 2006 as well as all consumers who requested but were denied refunds since December 2008.

Makers and marketers of acai berry supplements have been under increasing attack, including a salvo launched by Oprah Winfrey .

What Acai is and what it is not!

Acai is a great product and has many important health benefits, but companies with absolutely no credibility or ethics are filling the internet with false statements and promises!  Caveat emptor – “LET THE BUYER BEWARE.”

Oprah Sues Acai Berry Promoters

August 20, 2009 by  
Filed under Acai (Euterpe oleracea), In The News, Recent Posts

Joins Illinois Attorney General in warning consumers about scam!

By: Mark Huffman – ConsumerAffairs.com

August 20, 2009

When talk show host Oprah Winfrey raved about the weight loss properties of the acai berry, supplement makers were quick to cite her endorsement in advertising for all sorts of related products.

The only problem is, Winfrey was talking about the berry, not supplements. Now the talk queen is fighting back.

Chicago-based Harpo, Inc., producers of "The Oprah Winfrey Show," and "Dr. Oz" has joined forces with Illinois Attorney General Lisa Madigan to alert consumers to the numerous complaints about acai berry supplement marketers.

Winfrey and her company have filed trademark infringement suits against 40 Internet marketers of dietary supplements and Madigan has sued three companies in particular – Advanced Wellness Research, Crush LLC and Amirouche & Norton, LLC – over their business practices.

The Attorney General's Office and representatives from Harpo coordinated an investigation of consumer complaints – many provided to the Attorney General's Office by Harpo – revealing the alleged deceptive practices of these companies. Neither. Winfrey nor Oz has ever sponsored or endorsed any acai berry or dietary supplement product.

"The acai berry supplement sales programs are among the most aggressive that we have seen using misleading sales tactics to scam consumers," Madigan said. "Consumers should always be skeptical and educate themselves instead of blindly believing any endorsement claims. Also, consumers need to be very wary of weight loss and health claims that sound too good to be true."

Madigan sued the three promoters for consumer fraud, charging that the companies lure customers with free trial offers – through aggressive Internet marketing techniques – and then charge customers' credit cards prematurely, do not always supply the product and make it nearly impossible to cancel.

"For thousands of dieters, the quest for a miracle product has become a nightmare," said Madigan. "Far too often, consumers end up losing their money – not weight – in these deals."

ConsumerAffairs.com has also received hundreds of complaints about companies selling acai berry supplements, including some named in the suit. This complaint, from Sherri in in Brentwood, Tennessee, is typical:

"I ordered the Acai berry product off of an AOL advertisement for $6.99," she told ConsumerAffairs.com. "I started receiving a bottle monthly, I did not realize for a couple of months that they were charging me $83.80 per bottle. I sent numerous emails, and called them three times, to cancel order and give me credit for two returned bottles, and that I needed to return another bottle. When I tell them I do not want it to cancel they reply that they will get back with me in 72 hours."

The complaints against the suppliers allege that these companies engage in a very similar scam to market and sell acai berry supplements. According to the complaints, the companies offer consumers a "free trial" to entice them to sign up by providing a credit card number for shipping and handling charges.

The companies use the "free trial" period to hook the consumers into a continuity sales program, where consumers are often unaware that they have agreed to buy a monthly supply of acai berry supplements (or other health supplement products) for $29 to $89 per month unless they cancel their orders within 14 days. Many consumers do not even receive shipment of the trial supplements before they are billed for the first monthly installment shipment.

As part of this scam, Madigan says consumers then find it very difficult to cancel future orders. The companies often bill consumers' credit cards for a few months supply before the consumers are able to cancel the orders or cancel their credit card payments.

Madigan's three suits ask the court to enter a permanent injunction barring the defendants from selling dietary supplements or continuing with misleading marketing schemes that impact Illinois consumers. The lawsuits also ask the court to order the defendants to pay restitution for consumers who have lost money and civil penalties of $50,000 for violating the Illinois Consumer Fraud and Deceptive Business Practices Act.

Fraudulent Acai Marketer Shut Down!

Over the last six to eight months we have been receiving complaints and refund requests for a company selling Acai capsules called “Acai Berry Maxx”, which sounds similar to our Acai Max® .  This company was engaged in a scam, and the following from the Texas Attorney General explains more:

Excerpt from Texas Attorney General:

When customers clicked on the FXsupplements.com or acaiberrymaxx.com advertising links, they were informed that they would have four minutes to place their orders before the free trial of the Acai Berry Maxx product expired. Customers who completed orders were asked to pay a $5.95 shipping and handling fee. To make the required payment, purchasers had to provide their credit or debit card numbers.

The Attorney General’s investigation found that this transaction led customers to a “terms and conditions” page that failed to clearly disclose several problematic provisions. By accepting the “free” 15-day supply valued at $65, customers unwittingly entered into a “negative option” plan with the company. Under this scheme, FXsupplements.com would automatically “renew” orders after the 14-day trial period expired without customers’ express authorization to continue. The renewal forced customers to pay $80 for one-month supplies of Acai Berry Maxx, even after customers demanded cancellation.

According to state investigators, the negative option language embedded within the “terms and conditions” violated state law. Under the Texas Deceptive Trade Practices Act, terms providing for ongoing contractual obligations must be disclosed clearly and conspicuously on the contract.

Investigators also discovered that FXsupplements failed to promptly ship orders. As a result, customers did not receive their free products until the free-trial had nearly expired. This gave customers little time to try the products without obligation and decide whether to order additional products. Meanwhile, Hilton and his companies automatically put customers onto a revolving shipment of prepaid products after the trial period ended without customers’ knowledge or consent.

While Hilton touted Acai Berry Maxx as a remedy or cure for diseases, FXsupplements’ “terms and conditions” contained fine-print language acknowledging that the products were not intended to diagnose, treat, cure or prevent any disorders and diseases. Importantly, the FDA has not approved Acai Berry Maxx as a drug with the curative properties claimed by Hilton.

Hilton and the defendant companies, which also includes Hilton HG, Ltd., agreed to numerous corrective measures and penalties, including customer restitution and Web page modifications. The agreed final judgment prohibits Hilton and FXsupplements from relying upon false advertising or deceptive schemes to sell the products. Under the agreement, material information cannot be obscured within the purchase agreements’ “terms and conditions.”

If the defendants employ the “negative option” billing plan in the future, they must clearly disclose the steps customers can take to discontinue their contract. Additionally, customers who are wrongly charged for unwanted products must receive prompt refunds. Hilton and his companies must also provide reliable telephone customer service in order for customers to contact the company.

Read more here!

Although not mentioned in the excerpt this company and others associated with them were providing our phone number for the merchant charge information to the customers. These companies were also involved in large email spamming and advertising campaigns.  We have tried to be informative about this issue and help the people that called and have even posted information on our site and blog.

Well – we are glad they were finally shut down.  If you were a victim of this operation or others like this please call and (800) 252-8011 or file a complaint online at www.texasattorneygeneral.gov.

Love,

CAOH

True Facts About Acai. What Acai is and what it is not. Get the facts here

acaipic49

Click here for information on what Acai is Not!

Acaí Palm (IPA [asai]) is a member of the genus Euterpe, which contains 7 species of palms native to tropical Central and South America, from Belize south to Brazil and Peru, growing mainly in floodplains and swamps. The genus is named after the muse Euterpe of Greek mythology. Euterpe are tall slender attractive palms growing to 15-30 meters tall, with pinnate leaves up to 3 meters long. Many of the palms that were once in the genus Euterpe have now been reclassified into the genus Prestoea (Riffle, 2003). The species Euterpe oleracea is usually called Acaí Palm, after the Portuguese name for the beverages made from its fruit. The vernacular name is also sometimes spelled Assai Palm in English.

The fruit, a small, round, black-purple drupe about 1 inch in diameter, similar in appearance and size to a grape but with less pulp, is produced in branched panicles of 700 to 900 fruits. Two crops of fruit are produced per year. The fruit has a single large seed about 7–10 mm in diameter. The epicarp of the ripe fruits is a deep purple color, or green, depending on the kind of acai and its maturity. The mesocarp is pulpy and thin, with a consistent thickness of 1 mm or less. It surrounds the voluminous and hard endocarp which contains a seed with a diminutive embryo and abundant endosperm. The seed makes up about 88-90% of the fruit (Schauss, 2006c).

You can find out even more from these links:

Acai (Euterpe oleracea) History, Harvesting and Use!

Fun facts about acai berries and juice!

More information on the Acai Berry!

Berries – The Incredible Superfruit

Acai: Questions and Answers

Pictures of Acai in the Amazon Rain Forest!

These are our organic Acai Products:

Acai Max®

Absolute Acai Powder™

Absolute Acai Capsules™

Acai is not a diet product!

Acai Berry Scams Are Ripping People Off

We get 5-6 e-mails per day talking-up the virtues of acai as a weight-loss miracle. We hate to be the one to break the bad news to you all, but acai has as much weight-loss capability as do red grape skins or blueberry skins. The ability of any of the products mentioned, when taken alone, to create an environment where weight just melts off is a bald-faced lie. Meaning, if you continued with your normal way of life and just add acai to your diet, changed nothing else, NO weight would be lost. You may physically and/or mentally feel better, because acai is a potent antioxidant and antioxidants neutralize toxic free-radicals, but it is not a weight loss miracle.

There are many examples of acai berry scams that suggests people will lose between 22-30 pounds in 14 days. Free Trail! No risk guarantee! Dr. Perricone, Dr Oz, and Oprah endorse it! The list goes on and on.

Come on people, it’s hogwash!

Important Issues:

Quality: The first step is finding a company who creates a quality, organic, pure acai products who will not rip you off. Since acai is so popular these days, many manufacturers have entered the market, creating inferior quality acai products with fillers and additives which give you none of the benefits that pure organic acai will give you.

Free Trail Marketing Scams: (They are not really free because you have to pay shipping!) The reason they charge you for shipping is so they can get your credit card info. Then in 30 days they charge your card again between $75 and $100 for a new order and enrollment in a health news letter. If you want to cancel future orders (or like many, didn’t read the fine print and so didn’t realize you signed up for something) it is difficult to contact them or even find a phone number. We have had dozens of calls to our company by frustrated people trying to locate the company they ordered the “free” sample from so they can cancel future orders.

Click here to review a report from the BBB.

This is just the simple truth!

I have been taking acai for years now and I still weigh the same (I eat great and I exercise 3-4 days a week. But I am not taking it for weight-loss, I am taking acai strictly for its incredible antioxidant powers). I love acai and I sell a ton of it in my practice, I just don’t sell it for weight-loss. That would be highly unethical and not worth the money I would make. –Dr. E.

Acai is a great product and has many important health benefits, but companies with absolutely no credibility or ethics are filling the internet with mis-statements and promises!

Consider these facts carefully before you give out your personal and credit card information:

  1. We have been in business for over 10 years and have 1000′s of loyal return customers using our products.
  2. California Academy of Health® has earned a rating of A+ by the Better Business Bureau (BBB) – click here to verify!
  3. CAOH® is verified by TRUSTe for privacy: Click here to verify!
  4. We are a McAfee verified secure site: Click here to verify!
  5. We provide open access to our customer reviews (good and bad): Click here to review!
  6. We offer a 30 day 100% satisfaction guarantee! Click here for details!
  7. We have tons of detailed, up-to-date FAQ resources: Click here to review!
  8. We have a line to our Director of Product Research for answers. Have a question? Ask the Doctor: Click here!
  9. Specials are always available so we can help you save money! Click here for details!
  10. Outstanding customer service. We are a family owned company so we are always here to help – just call us or email us 24/7 and we will do whatever we can to help!

All this in addition to our high-quality, unique products make us the clear choice. Really why would you even consider anyone else?

Need more information? Call us at 800-643-7188.

Thanks,

CAOH®

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