States hope to put frown on 'Smiling Bob's' face

updated 6:04 p.m. ET June 15, 2005

DALLAS - Texas Attorney General Greg Abbott joined five other states Wednesday filing suit against an Ohio businessman known for his “Smiling Bob” television advertisements that tout supplements for “natural male enhancement.”

The Texas lawsuit, filed in Dallas County district court, accuses Cincinnati-based businessman Steve Warshak of deceiving consumers with supplements that haven’t been tested or approved by the Food and Drug Administration. They include Enzyte, Warshak’s original product for “natural male enhancement.”

Warshak did not immediately return a telephone message left by The Associated Press.

His five companies sell 15 products for ailments such as insomnia, fatigue, memory loss and failing vision. TV ads for Enzyte feature a grinning everyman, “Smiling Bob,” who sails through life, presumably because of the product.

Abbott alleged that free trial offers of the drugs are a ruse to obtain credit card information. He said the company never tells consumers that they will continue to be billed after a 30-day free trial unless they cancel future orders first. The company also made it difficult for consumers to stop the billings, Abbott said.

“We believe this businessman is duping consumers on two fronts,” Abbott said.

The lawsuit seeks $25,000 per violation of the Texas Food, Drug and Cosmetic Act, $20,000 per violation of the Texas Deceptive Trade Practices Act as well as an injunction to stop Warshak’s practices.

The Texas case was filed concurrently with similar lawsuits in Arkansas, Ohio, Illinois, North Carolina and Oregon.

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