500,000 consumers get cactus juice refunds

About 500,000 consumers who bought into the idea that a cactus drink hawked by supermodel Cheryl Tiegs would cure what ails them will be getting checks totaling $3 million from the Federal Trade Commission, the agency said on Friday.

The FTC had sued TriVita and the marketing company it used over allegations they couldn't back up their claims and reached a settlement last July that resulted in this payout. The drink, Nopalea, made from Nopal cactus ("prickly pear") and sold for up to $40 a bottle (plus shipping), was said to remedy a variety of problems.

Among the claims: It could relieve pain, reduce swelling of joints and muscles, improve breathing, cure sinus infections and fix skin conditions. Promotional materials also noted that it could do all that without a prescription.

The FTC brought charges against the company, which admitted no wrongdoing in settling the case, alleging there was no science to support the health claims made in the selling of the product. The company agreed to stop claiming the drink could remedy the various health concerns that had been the cornerstone of its marketing.

As is the case whenever the FTC issues refunds, the agency notes that those who receive them should deposit or cash them within 60 days, and to beware of fake settlement offers that require payment in order to get a refund.

Restitution checks will vary in size depending on how much each consumer spent on the product.

Those with questions about the settlement payments can call the administrator handling the disbursement, Gilardi & Co., at 888-289-0252.

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