魔術大衛 David&Susan 健康、體重管理、創業 賀寶芙 HERBALIFE 資深教練

Lead contamination not an issue, says Herbalife

By Shane Starling

21-May-2008 - Californian-based supplements manufacturer and distributor Herbalife has hit back at allegations six of its products are unsafe and in breach of Californian contaminants law due to lead levels.

"We follow established written quality assurance and quality control procedures. We stand behind the safety of our ingredients and products," the company said.

The allegations, published by a Californian company called Fraud Discovery Institute (FDI), said Herbalife's products contained more than the permitted 0.5mg per day of lead, and when used as suggested, could lead to health concerns.

FDI reported independent testing carried out in Swiss and Israeli labs that found the Herbalife weight loss products breached Californian Proposition 65 permitted levels and therefore the products should carry warning labels.

Proposition 65 is a controversial, and some would say, anachronistic, Californian law enacted in 1986 that lists 800 potential contaminants, many of which are considered safe under Food and Drug Administration (FDA) law.

Herbalife spokesperson George Fischer told NutraIngredients-USA.com Herbalife's own lab tests contradicted those referenced by FDI and that it was conducting its own investigations into the matter now that it had been brought to the public by FDI.

賀寶芙發言人George Fischer告訴美國營養成分網站說：賀寶芙在自己的實驗室測試結果完全反駁了FDI所提出的控訴,而且FDI控訴來源是在於他們自己的調查，完全沒有經過國家檢驗程序就公布出來是很不負責任的

"We are looking into this but in the meantime the products in question remain on market as they have been for many years,"
 Fischer said. "Herbalife operates in 65 countries and we comply with any applicable laws."

我們已經著手重視這件事情,而這些被控訴的產品，仍然會在市場上繼續販售，因為他們已經販售非常久的時間,而且這些產品完全按照65個國家檢驗法令合格

No action has been taken by either Californian or federal regulators.

甚至連加州與聯邦政府都不會針對這項指控對賀寶芙的產品有所行動,要求下架~因為完全符合FDA的標準

Fraud discovery

Despite any possible transgressions in regard to Proposition 65, Herbalife noted that its products were in accordance with FDA regulations, a discrepancy that has led to the Californian rule being criticized for creating a two-tier system that only creates confusion for both business and consumers alike.

Proposition 65 has also been criticized as being a law that is open to exploitation via the rift it creates with federal rules. One legal firm said the law was open to exploitation by "litigation bounty hunters".

Indeed, Reuters reported today that FDI founder and president, Barry Minkow, had invested in Herbalife in such a way that if its shares went down, he stood to make substantial gains - something that happened today.
事實上,透過美國路透社的今天報導指出FDI 的總裁兼創辦人 Barry Minkow 在發布這項消息造成賀寶芙股票重挫的同時，也大量的買進賀寶芙的股票藉此獲利

 Minkow served more than seven years in prison for frau, said Reuters.

路透社指出Minkow 之前也曾經因為相同的事情在frau 坐了超過 7 年的牢

The products

The six products named by FDI were ShapeWorks Protein Drink Mix, Healthy Meal Nutritional Shake Mix, Tang Kuei Plus herbal tablets, Thermojetics Nature's Raw Guarana instant tea mix, ShapeWorks Cell Activator and Multivitamin Complex.

"We have confidence in the safety of our products,"
 Herbalife said. "It is irresponsible to equate Prop 65, which concerns disclosure, with the safety of our products. Our products include natural ingredients, and trace levels of naturally occurring lead is present in virtually all natural ingredients."
賀寶芙發言人說”我們對我們產品的安全有絕對的信心, 對於這樣不實的指控要引用65法案是很不負責任的, 我們的產品都包含了天然的成分, 而所有天然成分所製造的產品一定都會含有鉛的成分,只在於成分的量多少問題

(PS:對於符合FDA標準還去引用65法案是不適用的) 

The $2.15bn company added: "This is not a question of contamination resulting from the manufacturing process or as a result of unsafe handling. In the past, several common foods, such as chocolate, have come under

(不是生產過程汙染才含鉛，自然食物裡都會有微量的鉛~。就連巧克力都有被質疑過這問題)