Avian Medicine Chest Fraud Conviction

[Cindy215]

http://tinyurl.com/gxcmb

Court Prohibits Sales by "Pet Medicine Chest" -- and Imposes $1.2 Million Penalty
Judge cites "direct and intentional disregard" of earlier injunction.
Attorney General's suit alleged that the western Iowa business makes false claims and uses unapproved ingredients in Internet sale of pet medicines and supplements.

Harrison County District Court Judge G.C. Abel has issued a permanent injunction barring any further activity in promoting or selling pet medicines or pet food supplements by a Western Iowa business called "Pet Medicine Chest" based in rural Logan, Iowa.

The Judge also assessed a $1.2 million civil penalty for violations of the Consumer Fraud Act -- noting that a preliminary injunction was issued last year but the defendants "have continued their operations as though no injunction was in place." The business sells pet products via the Internet.

Attorney General Tom Miller said the permanent injunction order results from a lawsuit filed in May 2002 by the Farm Division of his office alleging that the "Pet Medicine Chest" business uses false and misleading claims about the health benefits of their pet medicines and food supplements sold over the 'Net, and uses unapproved ingredients in their products. In June the Court found that the company had made numerous health claims for its products that were untrue, and issued a preliminary injunction. A hearing on a permanent injunction was held Feb. 13.

Citing "direct and intentional disregard" of the earlier injunction, Judge Abel assessed a civil penalty of $1,240,000 against Pet Medicine Chest and Rose Grady, founder and owner of the business. Abel's order said the penalty represented the maximum penalty of $40,000 per violation multiplied by 31 marketing e-mails sent since last June by the defendants to the Attorney General's Farm Division, which had registered at the Pet Medicine Chest website last summer.

Grady represented herself at the Feb. 13 hearing. "The court concludes that Defendant Rose Grady was consistently evasive and disingenuous in her testimony," Abel's order said.

The Attorney General's Office said it will consider contempt-of-court proceedings if the defendants defy Judge Abel's order.

Abel's order was filed March 6 in Harrison County and received yesterday by the Attorney General's Office.

Background:

In its preliminary injunction order issued last June, the Court found that Pet Medicine Chest had made numerous claims and assertions that were not true, including that the company's product "Arthritiseze" will rebuild good fiber in dog ligaments and joints; that commercial dog food is not wholesome good nutritional food; that veterinary drugs mask pet health problems and do not cure pet health problems; and that Pet Medicine Chest's product "Hemotox" will remove toxins from a dog's body.

"Pet Medicine Chest" operated with related entities including Canine Medicine Chest, Feline Medicine Chest, and Avian Medicine Chest. Customers could be from anywhere in the country.

The State's May 2002 lawsuit alleged that the defendants made numerous false and misleading assertions and claims, and that the defendants failed to inform purchasers that none of their products are approved by the FDA or the Iowa Department of Agriculture & Land Stewardship.

At its home page, Pet Medicine Chest had said, "Welcome to the first company in America to offer herbal remedies for birds, cats, dogs and rabbits." The defendants' materials sometimes disparaged conventional treatments, such as indicating that veterinary drugs are toxic to animals.

The web site included sections on helping dogs suffering from arthritis, stress, and tumors, for example. Products recommended for arthritic conditions in dogs included Arthritiseze ($25 for 20 oz., or $55 for 80 oz.), Hemotox ($18 for 1 oz., $52 for 4 oz.), Metaltox (same price), Systemajuv ($18 for 1 oz., $62 for 4 oz.), ProBac Adult ($20 for 2.5 oz., $40 for 20 oz.), and Concentrated Trace Minerals ($22 for 1 oz., $52 for 4 oz.)

Many of the same products were recommended for other conditions and maladies, and for other species such as cats and birds and rabbits. Most of the products would be added to the animals' food or administered in drops.

The lawsuit said Iowa Dept. of Agriculture inspectors submitted samples of Pet Medicine Chest products for analysis by the State laboratory. The analyses revealed inconsistencies between labeling information and the actual quantities of ingredients, and revealed unapproved feed ingredients both on the labels and in the samples. The Ag Dept. advised the defendants about the problems and ordered them to cease any further product sales, but sales continued, the suit alleged.

[Edna]

This judge is deplorably stupid. Avian Medicine products saved my bird when the avian vets couldn't. From what I've heard there were 2 complaints and this judge shut down a business where millions of satisfied customers were very happy with their products but their votes didn't count. Worst of all he has done a severe injustice to our birds. He is so pathetic and so are the people who filed the lawsuits - the jerks! I'm almost out of AMC products and am scared and don't know what to do for my birds. I've been using my remaining products only for emergencies these last couple of years and am running out. Can anyone help me in how to order more product domestically or even from overseas? I tried the pets-mania.com but the site won't come up. Thank you if you can.

[tabooh]

Originally Posted by Cindy215

Iowa Office of the Attorney General

Court Prohibits Sales by "Pet Medicine Chest" -- and Imposes $1.2 Million Penalty
Judge cites "direct and intentional disregard" of earlier injunction.
Attorney General's suit alleged that the western Iowa business makes false claims and uses unapproved ingredients in Internet sale of pet medicines and supplements.

Harrison County District Court Judge G.C. Abel has issued a permanent injunction barring any further activity in promoting or selling pet medicines or pet food supplements by a Western Iowa business called "Pet Medicine Chest" based in rural Logan, Iowa.

The Judge also assessed a $1.2 million civil penalty for violations of the Consumer Fraud Act -- noting that a preliminary injunction was issued last year but the defendants "have continued their operations as though no injunction was in place." The business sells pet products via the Internet.

Attorney General Tom Miller said the permanent injunction order results from a lawsuit filed in May 2002 by the Farm Division of his office alleging that the "Pet Medicine Chest" business uses false and misleading claims about the health benefits of their pet medicines and food supplements sold over the 'Net, and uses unapproved ingredients in their products. In June the Court found that the company had made numerous health claims for its products that were untrue, and issued a preliminary injunction. A hearing on a permanent injunction was held Feb. 13.

Citing "direct and intentional disregard" of the earlier injunction, Judge Abel assessed a civil penalty of $1,240,000 against Pet Medicine Chest and Rose Grady, founder and owner of the business. Abel's order said the penalty represented the maximum penalty of $40,000 per violation multiplied by 31 marketing e-mails sent since last June by the defendants to the Attorney General's Farm Division, which had registered at the Pet Medicine Chest website last summer.

Grady represented herself at the Feb. 13 hearing. "The court concludes that Defendant Rose Grady was consistently evasive and disingenuous in her testimony," Abel's order said.

The Attorney General's Office said it will consider contempt-of-court proceedings if the defendants defy Judge Abel's order.

Abel's order was filed March 6 in Harrison County and received yesterday by the Attorney General's Office.

Background:

In its preliminary injunction order issued last June, the Court found that Pet Medicine Chest had made numerous claims and assertions that were not true, including that the company's product "Arthritiseze" will rebuild good fiber in dog ligaments and joints; that commercial dog food is not wholesome good nutritional food; that veterinary drugs mask pet health problems and do not cure pet health problems; and that Pet Medicine Chest's product "Hemotox" will remove toxins from a dog's body.

"Pet Medicine Chest" operated with related entities including Canine Medicine Chest, Feline Medicine Chest, and Avian Medicine Chest. Customers could be from anywhere in the country.

The State's May 2002 lawsuit alleged that the defendants made numerous false and misleading assertions and claims, and that the defendants failed to inform purchasers that none of their products are approved by the FDA or the Iowa Department of Agriculture & Land Stewardship.

At its home page, Pet Medicine Chest had said, "Welcome to the first company in America to offer herbal remedies for birds, cats, dogs and rabbits." The defendants' materials sometimes disparaged conventional treatments, such as indicating that veterinary drugs are toxic to animals.

The web site included sections on helping dogs suffering from arthritis, stress, and tumors, for example. Products recommended for arthritic conditions in dogs included Arthritiseze ($25 for 20 oz., or $55 for 80 oz.), Hemotox ($18 for 1 oz., $52 for 4 oz.), Metaltox (same price), Systemajuv ($18 for 1 oz., $62 for 4 oz.), ProBac Adult ($20 for 2.5 oz., $40 for 20 oz.), and Concentrated Trace Minerals ($22 for 1 oz., $52 for 4 oz.)

Many of the same products were recommended for other conditions and maladies, and for other species such as cats and birds and rabbits. Most of the products would be added to the animals' food or administered in drops.

The lawsuit said Iowa Dept. of Agriculture inspectors submitted samples of Pet Medicine Chest products for analysis by the State laboratory. The analyses revealed inconsistencies between labeling information and the actual quantities of ingredients, and revealed unapproved feed ingredients both on the labels and in the samples. The Ag Dept. advised the defendants about the problems and ordered them to cease any further product sales, but sales continued, the suit alleged.

I don't know but it sounds like another case of they are only animals , just like with our pets being considered as property and not family /animal abuse laws, are far to soft. At least here in Canada . these people should be thrown in jail, and fined. not to mention any assets accumulated such as houses/cars/etc, be taken away provided proven income from the company that she is running. That just may make the next fraudster think twice before taking advantage of unsuspecting people.

[Freedomoflight]

Guys this news is from 2003, we don't know how/if/when the circumstances surrounding this incident have changed, not to mention the business practices of the company in question. I'm not defending the company, just mentioning a few things to think about. Considering this post is 3 years old, lets try and let sleeping dogs lie, shall we?

[amanda143]

I think Edna was bringing it up because she had a question about where to get meds....

[catangus]

Originally Posted by Edna

This judge is deplorably stupid. Avian Medicine products saved my bird when the avian vets couldn't. From what I've heard there were 2 complaints and this judge shut down a business where millions of satisfied customers were very happy with their products but their votes didn't count. Worst of all he has done a severe injustice to our birds. He is so pathetic and so are the people who filed the lawsuits - the jerks! I'm almost out of AMC products and am scared and don't know what to do for my birds. I've been using my remaining products only for emergencies these last couple of years and am running out. Can anyone help me in how to order more product domestically or even from overseas? I tried the pets-mania.com but the site won't come up. Thank you if you can.

Ya I totally agree, I prob should be on the normal pet med chest site as I am writing regarding my cat. She was dying and had lost over 4 pounds. I put her on Renal k and sytemjuv which I got from pet medicine chest and in 4 months she went from deaths door to her own mischevious self. I think its total crap that they closed down the business, especially when it was for such bull!!!! I could see if people animals were dying or they were being total frauds and selling us crap. That clearly was not the case and my cat is proof to that... Anyways cheers and thanks to Pet medicine chest for saving my Angus...