Posts Tagged ‘Business and Professions Code’

Dennis Herrera Throws Down: Demands Proof of Accuracy for Intelligender Pregnancy Test

Wednesday, March 10th, 2010

City Attorney Dennis J. Herrera can’t abide companies that don’t prove their claims. So today he’s going after Intelligender LLC because of its “in-home fetal gender prediction product“ that you can get at Walgreens. For the record:

“IntelliGender, the Plano, Texas, creator of the “Boy or Girl Gender Prediction Test,” says scientists isolated certain hormones that when combined with a “proprietary mix of chemicals” react differently if a woman is carrying a boy or a girl. It claims that within 10 minutes of taking the urine test, a woman will be able to tell her baby’s gender. The specimen will turn green if it’s a boy, and orange if it’s a girl.”

The question is about accuracy, primarily.

San Francisco’s Happy Warrior:

As always, follow the action on the Twitter.

Herrera demands proof of accuracy, safety claims by IntelliGender in-home test

City Attorney invokes authority under Unfair Competition Law in seeking evidence for marketing claims by gender prediction test sold in S.F.

SAN FRANCISCO (March 10, 2010) — City Attorney Dennis Herrera today invoked his legal authority under California’s Unfair Competition Law to demand substantiation for advertising claims by Intelligender LLC that its in-home fetal gender prediction product, which is sold and marketed in San Francisco, is “totally safe” and over 90 percent accurate.

“California law empowers public sector attorneys to seek proof for marketing claims for products sold to the consumers they’re responsible to protect,” said Herrera. “Intelligender is a product that came to our attention in which some of the advertised claims are dubious, and for which supporting evidence is notably unavailable to potential customers. Women and families interested in purchasing products like this are entitled to see the evidence that will enable them to be better informed consumers.”

According to Herrera’s letter to the Plano, Tex.-based manufacturer:

“The IntelliGender Test purports to accurately identify the gender of a fetus as early as 10 weeks after pregnancy, and well before ultrasound confirmation of fetal gender is available to expectant mothers. However, according to online reviews of your product, it appears that your advertising claim that the IntelliGender Test is ‘over 90% accurate’ is questionable. Additionally, as your product packaging does not identify the contents of the IntelliGender Test, there are concerns about the safety and proper means of disposal of the Test.     

“The San Francisco City Attorney hereby requests that you provide evidence of the facts supporting the advertising claims of IntelliGender listed below, pursuant to California Business and Professions Code §17508, which empowers city attorneys to request substantiation of purportedly fact-based advertising claims. For all claims listed below indicating that scientific methods were utilized, please include full reports of experiments, methods, results, and outcomes, in addition to the CVs and biographies of the clinicians retained to perform these trials and tests.”

Herrera asked that Intelligender provide documentation responsive to his request by the end of the month, noting that we would consider seeking “an immediate termination or modification of the claim,” as state law provides, if the information were not forthcoming.

All the deets after the jump.

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Jerry Brown Throws Down: Midas Auto Shop Franchisee Spanked Hard for Bait and Switch

Monday, January 25th, 2010

California Attorney General Jerry Brown can’t abide car repair shop owners who rip you off for unnecessary work. News comes this morning about a judge in Alameda County who signed off on a: 

$1.8 million settlement that prevents Maurice Irving Glad (aka Mike Glad), owner of 22 Midas auto shops throughout California, from owning or operating an auto repair shop in the state, after the franchisee “deceptively lured” customers with cheap brake specials and then charged hundreds of dollars for unnecessary repairs.”

Now what do you suppose Mike did with some of that ill-gotten booty? Well, he traveled the world, natch, but he also produced an Academy Award-nominated documentary (narrated by Edward James Olmos!) called Recycled Life. (So all those people in the East Bay and the South Bay who thought they were just fixing their cars actually were financing the Hollywood dream factory by paying an average of $268 more than they should have….)

Anyway, get the deets below to see how our California Bureau of Automotive Repair does sting operations. And get the other side of the story from Mike’s mouthpiece via Henry K. Lee right here.

El Protector De La Gente, Jerry Brown:

Read all about it, after the jump

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