Balance of Nature, a regular advertiser on talk radio, including being the top advertiser on the former “The Rush Limbaugh Show” in 2020, has agreed to pay $1.1 million to settle a consumer protection lawsuit over claims of false advertising.
Evig, a Utah-based company that does business as Balance of Nature, was ordered to pay $850,000 in civil penalties and investigative costs, along with $250,000 in restitution to customers, according to CBS News.
The lawsuit was brought on by several district attorneys in California. Napa County DA Allison Haley, who filed the case in Napa County Superior Court with the California Food, Drug, and Medical Device Task Force, said, "Making misleading statements about their products and signing customers up for recurring charges without their knowledge are complete violations of the public's trust and the law."
According to the suit, Balance of Nature claimed one serving of its fruit products, which weighs about two grams, contained the "nutritional equivalent of over five servings of fruits per dose."
Another claim of "Balance of Nature Fruit and Veggies" supplements, said three capsules provided as much nutrition as "eating more than 10 servings of a salad made with 31 different fruits and vegetables."
Additionally, prosecutors say that Balance of Nature claimed their products could prevent, treat, mitigate or cure serious diseases such as diabetes, arthritis, heart disease, fibromyalgia, and cancer, using customer testimonials to make false claims.
"The truth can be a hard pill to swallow," Santa Clara County District Attorney Jeff Rosen said in a statement. "This company was dishonest in selling its products to the public. We will fight to make sure companies tell the truth to protect the health and welfare of our citizens."
The company is also alleged to have violated state law by automatically renewing subscriptions, charging a monthly fee without clearly disclosing terms, not giving customers an adequate acknowledgment of enrolling, and not allowing customers to cancel online.
The judgment says any California resident who purchased company products in the last six years is to receive a notice on how to go about getting a refund.
In April 2020, not-for-profit consumer advocate Truth in Advertising filed with the FTC and the Food and Drug Administration claiming Balance of Nature was making false claims about its products being able to combat the coronavirus.
According to the Truth in Advertising filing, Balance of Nature falsely made claims that its supplements can “prevent and help treat the coronavirus by boosting a person’s immune system,” the New York Post reported at the time.