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Plaintiff's Lawyer Orders Lead Testing on 3 Popular Herbalife Products; Results Show 728% More Lead Than Allowed by Law Under Proposition 65 Violation

Investigator accuses Herbalife (NYSE: HLF) of being less than candid about recent publicized lead testing results; sites difficulty in confirming two

labs did testing

OAKLAND, Calif., June 13 /PRNewswire/ -- Attorney Christopher Grell ordered lab tests on behalf of his client on three popular Herbalife (NYSE: HLF) daily regiment vitamin products that were initially tested by the Fraud Discovery Institute.

On May 19th the Fraud Discovery Institute released the findings on 6 of Herbalife's most popular products which showed lead levels that exceeded the amount of lead allowed under Proposition 65 without a warning label.

Herbalife first responded by dismissing Prop 65 as irrelevant but then changed that position this past Sunday, June 8th, 2008 when they implied that 2 independent labs had vindicated their products and confirmed that they were not in danger of violating Prop 65. However, their press release failed to include the supporting lab results from either lab that allegedly vindicated the company.

And now the Fraud Discovery Institute, a licensed private investigative firm in the State of California, has said they are having difficulty in confirming that the two labs mentioned in the Herbalife press release both did lead testing on any Herbalife products.

"One way to guarantee you do will not find lead in your products, is to not conduct the test(s) at all," said Barry Minkow, Co-Founder of the Fraud Discovery Institute. "Our evidence has revealed that one of the labs alluded to by name in the release appears to not have conducted any lead testing on behalf of Herbalife," added Minkow.

Moreover, the lead testing ordered by Attorney Christopher Grell (results posted at on Wednesday, June 11th, 2008 revealed that when taken as suggested as apart of the Herbalife program, just three of these products have a cumulative 728% more lead than allowed by law in California without a warning label. The following results state:

Lead Percent Recomm. Percent

Per Serving Max. Lead Daily

Date Lead Serving Exceeds Servings Per Exceeds

Product Tested Allowed* or Tablet Allowed Per Day** Day Allowed


Thermojectics 6/11/08 0.50 mcg 0.360 mcg -28.00% 4.0 1.440 188.00%

Shapeworks Cell

Activator 6/11/08 0.50 mcg 0.230 mcg -54.00% 9.0 2.070 314.00%



Complex 6/11/08 0.50 mcg 0.210 mcg -58.00% 3.0 0.630 26.00%

TOTAL 0.50 mcg 4.140 728.00%

* - under California's Proposition 65

** - Based on recommended daily consumption per product label

"How is it that the results of tests conducted by an international, FDA registered lab just Wednesday, June 11th, 2008, could arrive at such a diametrically opposite result than the tests allegedly performed at roughly the same time by Herbalife," asked Mr. Grell. "When health and nutrition shakes are added, these lead levels are clearly troubling -- especially when their origin is a health and nutrition company," added Mr. Grell.

SOURCE Law Offices of Christopher E. Grell
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