Attorney General's News Release

May 18, 1998

Nixon obtains $167,500 for state, full refunds for Missourians who ordered knockoff impotence treatment

Kansas City, Mo. — Attorney General Jay Nixon today obtained a court order that provides full refunds to Missouri consumers who ordered Vaegra, a knockoff impotence treatment being marketed through a toll-free telephone number and a Kansas City mailbox address by a business calling itself the "American Urological Clinic."

Last month Nixon obtained a temporary restraining order against the corporations that did business under the clinic name. He alleged that the Institute of Sexual Research Inc. and the Old Well Corp. were trying to confuse consumers with a product name similar to Viagra, a legitimate impotence treatment approved in March by the Food and Drug Administration and available only through prescription.

"Every year thousands of consumers are bilked out of millions of dollars for bogus health products and treatments," Nixon said. "The people marketing this supposed impotence cure were trying to cash in on the high demand for the real thing, Viagra. This judgment will return money to those who bought a product they thought was going to help them with a real medical problem."

Under the terms of today's consent injunction filed in Jackson County Circuit Court, the Institute of Sexual Research Inc. and the Old Well Corp. will:

• Cease filling any phone or mail orders for Vaegra -- now called Urophil -- that they receive from Missouri consumers and any mail orders received in Kansas City from out-of-state consumers. All mail orders received after the TRO took effect in April will be returned to consumers.
• Pay full refunds within 10 days to any Missouri consumers who ordered Vaegra/Urophil by mail or phone, even if refunds have not been requested or the product has not been returned. Information obtained by Nixon's office indicates 289 Missourians bought the product from the defendants.
• Pay full refunds to those consumers from outside Missouri who ordered through the Kansas City mailbox and who request a refund by Aug. 18, 1998.
• Pay civil penalties and investigative costs totaling $167,500.
• Be prohibited from marketing in Missouri any product which the defendants claim affects any bodily system in any way.
• The American Urological Clinic had been sending direct mail pieces advertising a 75-day supply of Vaegra for $83.95. Nixon said the clinic's "suite" address on the Country Club Plaza was actually a Mailboxes Etc. dropbox and that the supposed executive director of the clinic, Robert Nolan, did not exist.

The clinic's solicitations reprinted a Newsweek article on the success of Viagra and misrepresented that the article was about Vaegra, Nixon said. Pfizer Inc., the maker of Viagra, has already reached a settlement with the defendants for using the name Vaegra.

"A healthy dose of skepticism and a little investigating can help you avoid wasting your money on health quackery," Nixon said. "Consumers should consult their physicians or pharmacists before ordering products like this."

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818