Complaint Lunada / Amberen is harassing me with embarrassing mailings in spite of my attempts to be removed from their database. On February 13, 2014, I contacted Lunada / Amberen and spoke with a sales representative named ****. I asked **** to remove all of my information from their database. I was very angry that they had sent me an embarrassing mailing - in the form of a postcard - advertising all of the menopausal symptoms they wanted to help me deal with. I live in a small town where all of my mail is delivered to a post office box. The postal workers all know all of the residents. I was mortified to receive a large, glossy and completely unsolicited mailing that offered, among other things, to help increase my sex drive, delivered to me by an employee who could not HELP but see what was being advertised because it was loudly stated all over the postcard. I fully expected to be dropped from their database at the time of my request. Instead, they are now sending me more mailings, advertising "Amberen Menopause Relief" and offering to help me relieve hot flashes, night sweats, mood swings and low sex drive. I seriously wonder if a mailing like this is in violation of HIPAA law, because it most certainly violates my privacy in a most humiliating manner. I can only say that I am relived that Amberen is not a product used for hemmorhoid relief, or I'd be hiring an attorney right about now. I want them to go away and leave me alone. An apology for the humiliation they have put me through would be nice as well.
Desired Settlement I wish for any and all information that Lunada / Amberen has for me it their database to be thoroughly and permanently deleted. I can assure them 100% that I will never, never EVER purchase a product from them.
Business Response Lunada offers a sincere apology to Ms. ******, it was never our intent to cause her any unpleasant emotions. We have permanently deleted all of Ms. ******'s information from our customer database as she has requested.
Consumer Response (The consumer indicated he/she ACCEPTED the response from the business.)
Complaint I heard a radio advertisement for Amberen, a product that is to assist with menopausal issues such as hot flashes and nights sweats, two things I am plagued with since stopping hormone replacement therapy. Since the product had a 30-day money back guarantee I decided to give it a try and order the product. Per the instructions when 1 pill of each color taken day and night did not work, double the dose. Allow 2 to 3 weeks to allow the product to work. I have done this and am still plagued with night sweats and hot flashes. I called to obtain my money back and was informed that I could not return the product because it was opened. How am I supposed to try something if I don't open it? Product_Or_Service: Amberen Order_Number: XXXXXXXXX Account_Number: None
Desired Settlement I request a full refund for the product that did not work.
Business Response We have spoken with this ******** and we found a solution that was satisfactory to the ********. This was a case of misunderstanding. The ******** misunderstood the dosage instructions, but she is now getting a qualified advise of one of our nurses and hopefully she will get the results she was looking for.
Complaint I purchased this product and it gave me a terrible health issue like a blood clot feeling, shortness of breath and hives. I called had health issues with the products. it says guarantee satisfactory and they will not help by credited or taking the product back.
Desired Settlement please credit order number XXXXXX ship id XXXXXXX
Business Response Our review of customer's info indicated that the order in question was placed on June 5, 2014 and that our company processed a full refund in the amount of $157.94 to the customer's American Express credit card ending in 5000 on July 11, 2014. We considered this matter closed and are quite perplexed by this complaint filed 3 months after a full refund was issued. We believe this complaint should be removed from our record as invalid.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) Your customer rep said it was not credited. Please send me the verification it was. my credit card was not showing this as well.
Final Business Response After careful examination of our records we discovered a technical issue that made it appear like the refund was processed for this customer in the past; however, while this refund was authorized in our system, it was never captured by the credit card processing company. We remedied this situation by manually re-processing this refund again. The customer should re-visit her bank statement and hopefully this time she will be satisfied to see her requested refund. We apologize for this misunderstanding.
Complaint I was denied 50% off $49.99 they try to charge me $39.99 and then $29.99 which isn't half of $50.00 half of that is $25.00 I called Amberen, on Tuesday Feb the 5th at 11:25 CST my time reqesting to purchase the NOVOSLIM at 50%off a single bottle. the advertisment doesn't implement buying three bottles, the coupon code is DMENV, but on the advertisment it doesn't state that, the other 50% off for Amberen includes for an offerening for 50%off the 90day supply of the menopausal capsules. **** from customer service was trying to get me to pay $39.99 or $29.99 which isn't half of 50%
Desired Settlement requesting for them to honor the advertisment of 50% off $49.99 of the (NOVOSLIM) and reprint the advertisment because this is not truthful advertisment and how many others have they falsed advertised too.
We have investigated the issue at hand and examined the promotional materials that could possibly cause the confusion for the customer. The promotion in question is no longer in the running; however, we would like to state that we always strive to explain our offers clearly and unambiguously. Therefore, we apologize if some of the offers caused the confusion for this customer. We value our customers' feedback and encourage everyone to contact our Customer Care at X-XXX-XXX-XXXX with all future concerns.
I'll be sending you our corporate form for renewal shortly... Thank you!
Complaint I ordered Amberon from Lunada Biomedical on June 2 2013, took the product as directed with no results. After 30 days, I called and talked to a nurse who encouraged me to keep trying the product but to take the 2 pills at different times of the day. This continued for 90 days, when my supply completely ran out and I still have no results, although I called in and talked to various nurses about every 2 weeks. I was always told to try something different, or to stop for one week and then to take the 2 pills again, etc. On September 3, I spoke to a nurse by the name of **** and he even said they would send me another 30-day supply and he wanted me to keep trying it but to take the 2 pills right after lunch. I did this but no results. So, today (10-15-13), I called and after talking to a nurse named Kathy, she had no other suggestions and I asked for a refund of my original purchase price. She said that since I didn't return any unused product within 30 days, I was not entitled to a refund. I explained that she and the other nurses were the ones who kept insisting I try the Amberon longer, or to try different things - otherwise I would have returned the product after the first 30 days. She said she had no control over the return process. I asked to speak to her supervisor and he said it was all my choice and the nurses were just trying to help. His name is Ben, agent #4918 (he wouldn't give me a last name.) I feel like I was misinformed by the nurses from the very beginning and I truly feel like I should get my $99.98 refunded (this does not include the $7.98 s/h.) Product_Or_Service: Amberon
Desired Settlement Refund of $99.98
Business Response We are very sorry the product didn't work for this customer despite her trying different regiments. However, to forego the 30-day money back guarantee and to keep trying the product is never a decision of any nurse or a customer care representative - it is solely a choice of the customer herself and nobody can and/or should influence that decision. We make the terms of our 30-day money back guarantee very clear and easy to understand. In fact, those terms are reiterated to the customers numerous times throughout their shopping experience: on the web, on the phone, on the back of the invoice, in a follow up e-mail etc. Therefore, we believe that we adequately inform our customers so that they could make choices they are not going to regret later. It is true that the nurses will recommend different regiments and in many cases increasing the dosage or taking pills at a different time of day will result in much improved results. However, the nurses would only recommend, explain and inform, but the actual choice to keep trying beyond the guarantee window is always that of a customer herself. We examined our communications with this customer and did not detect any misguiding or misleading information that was provided to her. In fact, she e-mailed us after the first 30 days on 7/7/13 asking to return the product, to which we replied via e-mail on 7/9/13 and provided detailed return instructions, willing to accommodate the return. However, on 7/10/13 the customer e-mailed us again stating "I'm starting on the second box of Amberen". This is where the decision to keep trying the product was clearly made by the customer on her own and from that point on we simply accommodated her desire to try different approaches by providing advise over the numerous telephone consults.
Complaint On Oct.2, 2013 I ordered a three month supply of AMBEREN formulation that was advertised on the TV. It took aprox. 1 week for the product to arrive. I paid $107.97 for the three month supply of the product. There was a guarantee on the results from menopausal symptoms with a money back guarantee if there weren't any results in three months. I took the AMBEREEN for the three month period as instructed on the instruction sheet with minimal to no results. On 10/2/13 I called the company consult phone number and told the representative that I wasn't satisfied with the three month result of the product. I was offered a consult with a nujrse and a continuation of the product with an adjustment of product intake. I refused the consult and another order of the product. I was told that I was supposed to have called after only one month and return the unused products in order to receive the promised refund upon dissatisfaction. Product_Or_Service: AMBERIN
Desired Settlement I feel that the promised product guarantee was not made clear on the TV advertisement and also on the product literature. I would like a full refund of $107.97.
Business Response The customer placed her order on 6/29/13. We maintain records of all sales calls for quality assurance and have reviewed the recording of the original sales call this customer placed on 6/29/13.
The agent explained product and offer in details, then provided pricing and explained our 30 day Money Back Guarantee (as it is described in the script). At the end of the call agent confirms the total of $107.97 and states the following: "If you feel you are not getting results, call our Nurse Aid" (provided phone # and hours of operation). And further: "If you decide the product is not working for you, make sure you postmark your return within 30 days from date of purchase; in your package you will find the invoice outlining the terms of the 30 day guarantee as I described them to you." Customer says "ok" and "yes" during all of this explanation.
The 30 day Money Back Guarantee is indeed described in details on the back of every invoice (just like the agent stated), plus this information is available on our website and in the e-mail order confirmations.
There were no more communications with this customer until 10/2/13, when she decided to request her money back after consuming the entire three-month supply of our product. Naturally, that request was denied as it was way outside of the 30 day period during which the company guarantees full refund that even includes the cost of shipping and handling.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) I am still requesting a full money back refund of $107.97 and am considering adding to my request a fee to myself for the time it has taken for me to spend filing this complaint, calling the company totaling $50.00 additional to the $107.97 if the company doesn't comply with their televised guaranteed warranty at the time of my order.
Final Business Response This customer is deliberately misinterpreting our advertising. We have never guaranteed the "results", it would not only be stupid, as NO product on the market works on 100% of people, but it would violate the provisions of FTC and other regulatory agencies that govern our industry. We're fully compliant with those regulations and would never "guarantee results", as it is being claimed by the customer. What we guarantee, however, is something that is in our full control - which is the refund of anyone's purchase price within 30 days from the date of the purchase. The customer was well aware of this policy and failed to utilize it during the 30-day window of opportunity. We can not be responsible for the made up meanings the customer assigns to our marketing messages. Our advertising and marketing materials are written in a very clear language and the Terms of our policies are very easy to understand. We invite BBB claim reviewer to visit our website www.amberen.com and find any "guarantee of results" stated by the customer. This case has no merit and is considered to be closed by our company.
Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) I don't accept the proposed resolution to this problem, there is no resolution! I request that BBB file my complaint available for public view. I believe that this company has blatantly misinformed the public with their television advertisements and promises. I am going onto facebook and publicly announce what I have experienced with Lunada Biomedical and how they refuse to refund a measly $107 to a dissatisfied customer. I recommend that Lunada Biomedical reconsider their refund policy and the desperate menopausal women they are dealing with.
Complaint I had been under the impression that these would help with weight loss and would be healthy to take durning menopause, but after receiving other information I found out that it was false advertisement on their part. I called the company that sold them to me and the lady that I talked to, she was very rude and not understanding at all. She just basically said too bad. And yes, I opened the mailing box that they came in but the actual boxes of the product are still unopened. Product_Or_Service: Amberen Order_Number: XXXXX.XXXXX
Desired Settlement I would like to be able to return it and for them to give me my refund on the credit card I used.
Business Response We carefully reviewed the details of this case and found out that the purchase in question was made on 07/12/2012, while the refund request call to our Customer Service was placed by this customer on 07/22/2013, or over a full year since the date of purchase. Both calls were conducted according to our quality standards. Our company maintains a 30-day Money Back Guarantee and in some cases our representatives use discretion and allow refunds for the returns outside of the 30-day window. However, this customer waited for over a year to claim her refund explaining simply that she was "busy". Also, through the review of the initial sales call, we have determined that the customer received comprehensive information at the point of sale about the product, its efficacy and uses and made a fully informed purchase. We find the claim about "false advertisement" completely baseless, since customer's "impression that these would help with weight loss and would be healthy to take during menopause" was the correct impression. We don't understand which "other information" that the customer refers to is in conflict with her initial "impression" and what is it in the product's advertising that she criticizes. This is not a case of bad customer service or false advertising. This is a case of a refund request placed over a year after the date of purchase, while the product is covered by a 30 day Money Back Guarantee.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) Still want to proceed, because information they gave is incorrect! I only found out it was for menopausel when the product came. They are still unwrapped! Only unwrapped 1 box. I did not open them for months after they arrived. My doctor said they were not okay to take after one or two pills.
Final Business Response We have previously explained and will reiterate again, that our product is covered by a robust 30 days money back guarantee and all refunds are promptly processed under a "no questions asked" policy. Even with additional lenience our customer care representatives typically exercise in some situations, this particular request can not be granted. Requesting a refund over a full year since the day of purchase is plain unreasonable, regardless of the explanations. Finally, our marketing materials are absolutely unambiguous as far as the purpose and effect of Amberen. Please visit our product website www.amberen.com and notice that even the package itself makes a strong and clear statement: Amberen - Smart Choice for Menopause. Relieves Common Menopausal Symptoms". Again, the claims of unclear, false or misleading advertising made by this customer completely lack any merit. We are sorry this customer could not enjoy the benefit of our money back guarantee, which, unfortunately, does not cover the product 12 months after the purchase.
Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) They did not provide a proposal. The menopausal info on pkg was not referenced or mentioned on the radio, nor was it disclosed /shared by the representative upon ordering. It was only viewed when package was opened. Only one pkg. was opened. The rest are still wrapped. They were opened after the return policy passed. 30 days is far from robust. What are they hiding? Most legitimate companies work to provide customer satisfaction. This company does not care that developmentally/medically these are inappropriate and even confirmed with my woman care specialist. This company is putting profit before a harmful priduct for someone my age/development. I do acknowledge that it took me some time to realize this and to address it, but it was not done intentionally. It is just that life has had me busy with my spouse being hit by a drunk driver, 5 simultaneos lawsuits; unployment; temp jobs 3 hours from home; .... Much much more that this accident has had us deal with. This summer i spent going thru two years of mail. Yes- i respinded the first chance I had. Tjese are inappropriate and can be harmful. Just want a refund. Only one box was opened.
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The Federal Trade Commission has filed a federal court complaint seeking to prohibit Lunada Biomedical, Inc. and its principals from advertising that their dietary supplement Amberen causes substantial weight loss for women over 40, and that the weight loss is clinically proven. Between 2010 and 2013, Lunada sold almost $65 million worth of Amberen nationwide. "Lunada marketed Amberen to women over 40 as 'clinically proven' to cause weight loss," said Jessica Rich, Director of the FTC's Bureau of Consumer Protection. "But their own studies didn't support those claims. The best way to lose weight is still diet and exercise." According to the FTC's complaint, the defendants have marketed Amberen nationwide using radio and TV commercials, websites, email, and other promotional materials. In their ads, the defendants touted Amberen capsules, through direct product claims and consumer endorsements, as able to cause significant weight loss and loss of belly fat, and to increase the metabolism of perimenopausal or menopausal women over 40. Lunada's websites and other advertisements pitched the capsules using female announcers saying things like: "Amberen restores hormonal balance naturally, so the weight can just fall right off. Even that stubborn belly fat." They also claimed that Amberen is "the ONLY product on the market today clinically proven to cause sustained weight loss for women over 40." According to the FTC's complaint, however, a clinical trial conducted in 2001 by the Russian scientists who developed the Amberen formula, used a double dose of Amberen and did not specifically measure weight loss; a subsequent clinical study failed to show a statistically significant difference in weight loss between the test and control groups. The FTC also charges that the defendants allegedly falsely claimed a consumer satisfaction and success rate of 93 percent and failed to disclose their relationship with certain endorsers, including one who blogged about the benefits of the supplement. The complaint further alleges that the defendants falsely claimed that consumers could try Amberen "risk-free" for 30 days, through statements such as, "You can try Amberen absolutely risk FREE and get a one month supply FREE." In fact, customers were provided a ninety-day supply of Amberen and to qualify for a refund, consumers had to return two unopened product boxes at their own expense, within 30 days of placing the order. Moreover, in many cases consumers were not reimbursed the shipping and handling charges they had paid when they ordered the product. Defendants named in the case include: Lunada Biomedical, Inc.; Donna Kasseinova, individually and as an officer of Lunada Biomedical; Roman Trunin, individually and as an officer of Lunada Biomedical; and Emil Arutyunov, also known as Emil Chiaberi, individually and as an officer of Lunada Biomedical. The Commission vote approving the complaint was 5-0. It was filed in the U.S. District Court for the Central District of California.
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