A jury late last month concluded that possibly thousands of men and women had been defrauded by Avacor, a hair loss product marketed as an all-natural, clinically tested product, and returned a verdict of $50 million in a class action that sought relief for Californians who purchased the product.
It was claimed that Avacor‘s three-part “hair re-growth program” was misleading because the Global Vision Products’ advertising referred to a clinic that didn’t exist, a study that was never done and success rates that had no backing.
An earlier trial in 2007, involving Avacor’s creator, a Nascar driver hired as its celebrity spokesman and a former doctor who appeared in ads for the product, the jury returned a verdict of just under $37 million but in 2008 the award was increased to $40 million.
Alameda County Superior Court Judge, Robert Freedman, said the final verdict takes into account the fraudulent activities that lured millions of dollars out of deceived consumers’ pockets.
“The court can and does take judicial notice of the fact that enormous sums of money are spent on personal care and grooming products,” Freedman wrote in his decision. “Into this lucrative market stepped a band of hucksters, defendants, to prey on the vulnerabilities of human nature and employing a colossal array of false, deceptive and fraudulent techniques cynically collected millions of dollars from deceived California consumers.”
Purchases of Avacor in California during the specified period were about 150,000 but since some were reorders the exact class size entitled to refunds is still unclear.
Plaintiff attorney L. Timothy Fisher said the fact that Avacor is still in circulation on the market seemed influential with the jury.
“We got the sense that they understood how many people had been defrauded here and that this was a widespread scheme, that this was something that [they] needed to put a stop to,” Fisher said.
Many lotions and potions claim to be the number one hair supplement or remedy but there are very little that have solid grounds for making such claims. The problem is there are very lenient regulations concerning the marketing of natural supplements or cosmetic products.
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