March 25, 2003 Ms. Edita Kaye Dear Ms. Kaye: As you know, on February 25, 2003, we sent you a letter requesting detailed information concerning your company and the development and marketing of the dietary supplement known as “Skinny Pill for Kids.” We are deeply troubled by your most recent response dated March 14, 2003, which indicates you will not be providing any responsive information to the Committee. Based on the March 3, 13, and 14 letters you sent to the Committee, as well as telephone conversations we have had with your counsel, we are concerned that you may not appreciate the nature and scope of a congressional inquiry. Your letters, in combination with questions posed to us by your counsel, Mr. Friedel, indicate that you believe this Committee is not authorized to investigate the “Skinny Pill for Kids” because you assert that the product was “never produced.” However, based on the information that we have reviewed to date, this matter clearly falls within the purview of this Committee’s jurisdiction and authority. Our jurisdiction includes oversight of issues relating to commercial practices, consumer protection, and public health. We are particularly interested in reviewing dietary supplements that have been, are being, or may be developed, produced or marketed specifically for children. Our concern includes representations to the public regarding the development or availability of such products. Therefore, your contention that a bottle of “Skinny Pill for Kids” was never produced for public consumption or actually sold is not a basis upon which to refuse to respond to our February 25, 2003, requests. As detailed below, we believe your activities clearly fall within the scope of our inquiry, and thus, we are demanding that you comply immediately with the Committee’s requests for information. In addition, we are troubled by some assertions contained in your March 3, 2003, letter. Specifically, you contend that it was a mistake that “Skinny Pill for Kids” was placed on your active website on November 29, 2002, and claim that, for 17 days, you were unaware that this placement had occurred. Coincidentally, it was during these 17 days that you were on various national television shows touting your new product known as “Skinny Pill for Kids,” a product available on your website for pre-ordering at $39.99 for a 30-day supply. You state that upon becoming aware of the fact that “Skinny Pill for Kids” was placed on your active website, you “ordered the page removed” on December 15, 2002. However, as late as January 30, 2003, your active website still contained information on the “Skinny Pill for Kids” and stated it was “coming soon.” Further, in your March 3 letter to the Committee you assert that you “had discussion [sic]” with PAL Laboratory on a formulation for the “Skinny Pill for Kids.” It is unclear whether you mean you had “a” discussion or multiple discussions with PAL regarding the development of “Skinny Pill for Kids.” A conversation with your counsel seemed to indicate that you had at most one or two preliminary conversations with representatives from PAL Laboratory on this issue. However, as you know, on December 9, 2002, you and Mr. Jose De La Rocha, a representative from PAL Laboratories, appeared on “Connie Chung Tonight” to discuss the specific formulation of the “Skinny Pill for Kids,” and to promote the product. In fact, during this appearance the following exchange occurred: Interviewer: “How do you defend the claim that it’s junk science?” Edita Kaye: “Well I do defend it. First of all, it’s put together by scientists. I didn’t cook this stuff up in my kitchen on the sink. This was put together by scientists. I have a list of physicians, if anybody needs a doctor who would like to talk—they would like to talk to, they can simply call me or go to skinny.com and we are happy to help them find an American doctor who would be happy to tell them the positive things.” Further, during this same show, Mr. De La Rocha from PAL Laboratories confirms specific amounts of uva ursi (an herbal diuretic) contained in the “Skinny Pill for Kids,” stating that the pill contains “only a few milligrams” of uva ursi. In an appearance you made on “The Today Show” on December 8, 2002, you stated the following with respect to the formulation of the pill: Interviewer: “What’s in this pill [“Skinny Pill for Kids”]?” Edita Kaye: “In this pill, we have vitamin—B vitamins, which are wonderful, and they help with energy, all right? We have dietary fibers… In fact, the interviewer, Ms. Couric, goes on to read the ingredients in the “Skinny Pill for Kids,” which includes niacin, folate, Vitamin B12, chromium, pectin, bioflavonoids, glucomannan, uva ursi, buchu leaf, and juniper berry. Your statements on national television clearly indicate that you were promoting an actual product with a specific formulation for use by children. However, you stated in your March 3 letter to the Committee that you have “no plans of marketing a dietary supplement designed specifically for kids or teens.” We are trying to reconcile the statements that you have made in your various public appearances with your representations to the Committee. In this regard, we believe we need to remind you of the obligation that you have to provide the Committee with truthful information in all representations that you make, whether through counsel or otherwise. Under the Federal False Statements Act, 18 U.S.C. 1001, any person who knowingly makes (or causes to be made) a materially false statement to any U.S. governmental authority, including the committees of Congress, can be imprisoned for up to five years and/or fined, if prosecuted and convicted. The deadline for compliance with the Committee’s February 25, 2003 requests for information was Wednesday, March 12, 2003. To date, we have not received any responsive information from you and have been informed by your counsel that you do not plan to respond to any of the Committee’s requests. If the Committee does not receive from you all information responsive to the Committee’s requests by Friday, April 4, 2003, we will consider issuing a subpoena compelling such production and your appearance before this Committee to answer questions about this matter. If you have any questions, please contact Kelli Andrews, Majority Counsel, at (202) 226-2424, or David Nelson, Minority Investigator, at (202) 226-3400. Sincerely, W.J.
“Billy” Tauzin John
D. Dingell James
C. Greenwood, Chairman Peter
Deutsch, Ranking Member | |
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