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Important information

• Pending Government Action:

  Government Action: BBB reports on known government actions involving business’ marketplace conduct:

  The Commissioner of Competition vs. NuvoCare Health Sciences Inc
  The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the government's allegations, which have not yet been proven.
  
  
  
  
  On May 13, 2020, the Competition Bureau announced that following legal action, NuvoCare Health Sciences Inc and its President and CEO Ryan Foley, have agreed to enter into a Temporary Consent Agreement that prohibits them from making unsubstantiated weight loss and fat burning claims in the marketing of certain natural health products, including 'WeightOFF Max!' and 'Forskolin Nx'. The agreement will prevent potential harm to consumers while the Bureau completes its ongoing investigation into whether NuvoCare's marketing claims are based on adequate and proper testing.
  
  
  
  
  The Competition Bureau originally took action in March 2020, asking the Competition Tribunal to issue a Temporary Order prohibiting NuvoCare and Mr. Foley from making performance claims that are not based on adequate and proper testing. The parties agreed to enter into an agreement on the eve of the hearing before the Tribunal. The agreement contains substantially all the terms sought in the Bureau's application for a Temporary Order. NuvoCare has also been ordered to pay the amount of $2,500 which represents the Commissioner's costs in the application.
  
  
  
  
  If the Bureau concludes that the weight loss claims are unsubstantiated, false or misleading, it may file an application under the Competition Act before the Competition Tribunal. Those found by the Tribunal to be making false or misleading representations or engaging in deceptive marketing practices may be subject to various sanctions, including financial penalties.
  

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