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BioPerformance Fuel resumes one year after Texas AG shut-down
Pill/powder product, said to increase mileage and horsepower, and to
decrease emissions; is now back on sale -- and now admitted to contain
Naphthalene (moth balls). Is it without competition?
by Sterling
D. Allan
Pure Energy Systems News
Copyright © 2007
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Full Disclosure:
The author of this article was a dealer ( Independent Business Owner) for
BioPerformance. |
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SALT LAKE CITY, UTAH, USA -- One year to the day following a ruling by the Texas
Attorney General (AG) that temporarily shut them down, BioPerformance Inc. resumed
operations, promoting its pill/powder fuel additive that is said to increase
mileage and horsepower while decreasing emissions.
On Thursday, May 17, BioPerformance sent an email to its former
distributors (independent business owners -- IBOs), announcing that the company
was back in operation, following a preliminary test run with a few selected IBOs
in which they earned nearly $270,000 in commissions in the first week.
Last year, May 17, 2006, when they were earning nine million dollars in sales
with 50,000 distributors, the company was ordered by the Texas AG to temporarily
halt operations, being charged with being a pyramid and for the product being
toxic and not working as claimed. (Ref.)
These charges were upheld in a hearing on May 30, 2006. (Ref.)
A jury trial was set for Sept. 18, 2006, then postponed to Jan/Feb 2007.
An agreement was struck on Jan. 23, 2007 forcing BioPerformance to pay
several million dollars compensation and banning them from making unjustified
marketing claims, although with no admittance of any wrongdoing on the part of
BioPerformance. (Ref.)
The Texas AG did not allow the company to issue refunds and other payouts owed,
but required such claims to be submitted to the AG office, which, ironically,
were very difficult to file, and which have not yet been paid out, at least in
some cases.
On April 19, 2007, founding associate, Earnie Land (Doc Fog), acquired the
company from Lowell Mims, who founded the company in late 2005.
In his parting message to BP associates, Mims said: "When the State of Texas obtained a temporary injunction, we promised the distributors that we would fight for the company and its product. From that day to this, and against seemingly insurmountable odds, we have worked tirelessly to help restore the good names of all who were involved. We also submitted BioPerformance Fuel to rigorous, scientific testing and it passed the tests, as we knew it would."
BioPerformance compared to Naphthalene by
University of Central Florida
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Prior to the injunction, Mims and other BioPerformance executives had
repeatedly and adamantly denied that the BioPerformance pill/powder contained
any Naphthalene -- a toxic chemical that has been shown to improve mileage, but
to the detriment of the engine. (Ref.)
The old website had touted the product as "non-toxic". Now the new
website states that the product does contain a small portion of Naphthalene
"as a dispersant", but it attributes the primary function of the
product to three enzymes, which are non-patented trade secrets.
The Texas AG requires BP to state: "This product contains naphthalene as an
active ingredient. Short term exposure, inhalation, ingestion or dermal contact
with naphthalene is associated with hemolytic anemia, damage to the liver, and
neurological damage." In their re-launch, BioPerformance has chosen
not to do business in Texas.
The new BP website pledges: "We will provide to the very best of our
ability the best company of integrity with the best products and services our
world needs..."
In the "Business
Presentation", linked from the top of the header that appears on every
page of the site, is a bullet statement that alleges that no competing products
exist. Though there are many products on the
market that increase fuel efficiency (ref.),
Doc Fog does not consider them viable contenders because as far as he knows,
none of them have tested their product according to the ASE codes of federal
regulation. This constitutes "the ONLY accepted legal testing that allows
for any consumer claim!" he said.
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