Consequently, the evidence now indicates only that Defendants engaged in the lawful trading of securities. Because USANA did not meet its burden, the court strikes the second claim for relief under California’s anti-SLAPP statute.

A ruling yesterday in the Usana Health Sciences (NASDAQ:USNA) v. Barry Minkow & Fraud Discovery Institute case in United States Court for the District of Utah is a big blow to Usana.

The judge’s order essentially grants FDI’s anti-SLAPP motion and dismisses all but one of Usana’s claims under state law (the bulk of what Usana was claiming in their complaint).

But here’s the best part: Usana cannot pursue money damages under federal securities law (Rule 10B-5). They could seek “injunctive relief”… but there’s really nothing for Usana to ask for an injunction on anymore. Barry has no current positions in Usana stock, so there’s nothing to claim there. And the First Amendment protects free speech, so Usana really can’t shut Barry up… our laws allow him to criticize Usana if he wants. Theoretically, Usana could still pursue a claim of unlawful stock manipulation, but they really have no case in that regard. (As a friend of mine says: NOPE-SORRY!)

Here’s a little more detail on the judge’s opinion/order….

About the anti-SLAPP laws:

The anti-SLAPP statute “is designed to protect the defendant from having to litigate meritless claims aimed at chilling First Amendment expression… The hallmark of a SLAPP suit is that it lacks merit, and is brought with the goals of obtaining an economic advantage over a citizen party by increasing the cost of litigation to the point that the citizen party’s case will be weakened or abandoned, and of deterring future litigation.”

The judge decided that the anti-SLAPP statute can (and does) apply in federal court (where this case was filed).

The judge was also unimpressed by Usana’s claims that the statements by Barry/FDI about Usana were false. Quite simply, Usana has never proven that the claims were false.

Of course, Usana falls back on a couple of minor points in the original FDI report that it says are false. One related to the lab testing of the products, showing no N-Acetyl L-Cysteine. Usana cried because the lab report says the ingredient was “not detected,” but that the FDI report says “found zero amounts.” Somehow, Usana wanted the court to believe that FDI’s statement was misleading to the public. (WEAK!) The judge said that this wasn’t material, and since the actual lab report was attached to the FDI report, there was no basis to believe the FDI report was deceptive.

The other minor point related to the comparison of anti-oxidants in grape juice versus Usana’s TenX bar. The FDI report compared them serving to serving, but Usana later said that the appropriate comparison (and that upon which their anti-oxidant claims were made) was gram to gram. Again, the court said that the FDI report was clear regarding its comparison and that even though there are “differing interpretations of data,” that Usana didn’t prove that FDI’s statements were material.

The judge also criticized Usana’s positions regarding the drop in stock prices. The company says the “misstatements” in FDI’s report caused the stock to plummet. Yet the company made the following statements in court filings which seem to be in opposition to that assertion:

  • “Some analysts believed that Usana’s growth could not be sustained, and as a result, Usana was viewed as a potentially lucrative target for short sellers.”
  • “Some of the sudden price drops in Usana’s stock have occurred in conjunction with the publication of a Usana report or other elements of the public relations campaign, but took place faster than any possible market reaction.”

Hello, Usana! You’re saying that the FDI report caused the drop, but your other statements contradict that!

The decision goes on to discuss Usana’s naked short selling theory… their idea that somehow Barry/FDI plotted to depress the price of Usana’s shares and then went on to naked short sell them. Just one problem…. there’s no evidence of any naked short selling!

Usana also claimed that Barry/FDI interfered with business relationships and destroyed/harmed those relationships. But… there is no evidence of any such harms.

Usana further claimed that it’s Barry’s fault that Usana has to defend itself in other lawsuits. And again, there is no evidence that proves this.

The only thing left is Usana’s claim that Barry/FDI violated securities law and that the court should stop them from “manipulating” the stock. Barry/FDI wanted this claim thrown out as well, but the judge did not allow it. So that claim is still sitting there, but there doesn’t seem to be much that can be done (see comments about free speech above).

UPDATE: This final claim that Usana had against Minkow was settled out of court, with Usana paying Minkow $200,000, and Minkow removing materials about Usana from his website.

27 Comments

  1. TerminatedRamp 03/04/2008 at 6:47 pm - Reply

    Tracy,

    USANA Defenders claim that the court decision is actually a win for USANA. They claim Barry can no longer get his expedited discovery from USANA. What is your take on this and do you think this case will ever make it to a final ruling other than dismissed?

  2. Tracy Coenen 03/04/2008 at 7:39 pm - Reply

    Barry can’t get expedited discovery because there is NOTHING TO DISCOVER anymore. Almost all of Usana’s case has been thrown out! The only claim they still have would allow them to maybe (very big maybe) get an injunction to stop “illegal stock market manipulation.” Which, apparently Usana still cannot prove even though they’ve had almost a year to do. Any claim by Usana in that regard would be very thin. And they clearly don’t have any evidence to back up such a claim.

    But this is fun: It looks like Barry can go after Usana for attorney’s fees. Doesn’t that sound like fun?

  3. michael webster 03/04/2008 at 7:56 pm - Reply

    Very interesting.

    When this action first came out, I wondered whether it would bet SLAPPED down.
    http://www.bizop.ca/blog2/lawsuits/usana_bites_minkow.html

    Good for Minkow and his entire team! Which includes you!

  4. Pedro Menard 03/05/2008 at 4:25 am - Reply

    Nice! Excellent news for Mr. Minkow.

    What I find most striking in all this “affair” is USANA’s take on the FDI report: they have never proven anything in it to be false!

    Nope.

    Instead, they decide to make it personal and attack Minkow by throwing out this absurd “short-selling” thing (which, as he states in a public response letter of his to USANA, he doesn’t even now how to pull).

    Hello, Usana – Wake-Up! Time to quit Cheating in China (and everywhere else, I might add)!

    Regards,

    Pedro Menard

  5. Renata Scherer 03/05/2008 at 6:34 am - Reply

    Good news!!!!

    If i were in Barry Minkow’s shoes, I’d surelly go after USANA for attorney’s fees.

  6. Savvy Online Senior 07/28/2008 at 5:05 pm - Reply

    News Release

    USANA Health Sciences Announces Settlement of Lawsuit

    SALT LAKE CITY–(BUSINESS WIRE)–July 28, 2008–USANA Health Sciences, Inc. (NASDAQ:USNA), Barry Minkow and the Fraud Discovery Institute (FDI) today announced the settlement of their lawsuit pending in the United States District Court for the District of Utah. USANA has agreed to withdraw its lawsuit and Mr. Minkow and the FDI have agreed that they will not trade in USANA’s stock in the future, will remove information regarding USANA within their control from the internet, and will not publish any further statements about USANA. All outstanding issues have now been resolved to the parties’ satisfaction, and USANA and FDI look forward to putting this litigation behind them and moving forward with their respective missions.

    Barry Minkow stated: “For us this was a business decision. Considering the size of the Fraud Discovery Institute, we had to make an allocation of resources and we decided that rather than continuing a lawsuit we would devote our efforts to our primary mission – the investigation and uncovering of fraud. We look forward to continuing that mission with vigor.”

    A spokesperson for USANA stated: “We are happy to achieve this result without the distraction of ongoing litigation.”

    About USANA

    USANA develops and manufactures high quality nutritionals, personal care, and weight management products that are sold directly to Preferred Customers and Associates throughout the United States, Canada, Australia, New Zealand, Hong Kong, Japan, Taiwan, South Korea, Singapore, Mexico, Malaysia, the Netherlands, and the United Kingdom. More information on USANA can be found at http://www.usanahealthsciences.com.

    Safe Harbor

    This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act and Section 21E of the Securities Exchange Act. Actual results could differ materially from those projected in these forward-looking statements, which involve a number of risks and uncertainties, including reliance upon our network of independent Associates, the governmental regulation of our products, manufacturing and marketing risks, and risks associated with our international expansion. The contents of this release should be considered in conjunction with the risk factors, warnings, and cautionary statements that are contained in our most recent filings with the Securities and Exchange Commission.

  7. Kyle Williams 09/01/2008 at 11:13 pm - Reply

    I seem to recall the Wall Street Journal articles mentioning that it was documented that Minkow was paid $200,000 for his association with the alleged “short sellers” (or invisible hedge fund folks) who, if they do indeed exist, would have made around $400 million on their manipulation of this stock. Any truth to this?

    Kyle Williams

  8. Tracy Coenen 09/01/2008 at 11:18 pm - Reply

    No Kyle, Barry was not paid $200,000 by short sellers or hedge funds. Nice try.

  9. Savvy Online Senior 09/02/2008 at 6:58 am - Reply

    What has our society turned into when we give credibility to an ex-felon, who served 7 years in Federal Prision for Fraud and then he decides to become a one man operation and call his company Fraud Discovery Institute. Wake up people and move on. The fact is I am 77 year old that has MS and Usana’s products are allowing me not to be on any medications and to be fully functional.

    You all want to only address Usana as a network marketing company. You are missing the boat when you don’t learn about the high standards of the science this company uses and how these products are restoring the health of everyone that chooses to take them as directed. I wish you barracuda’s would go after the health care industry and what they are doing to seniors like me.

    Here is a fact, if the U.S. would regulate all supplements properly in this country no one could touch Usana in their manufacturing practices. They are the leaders. Vitamins are the biggest scam in this country since 90% don’t even absorb in our bodies. But since no manufacture has to put in their products what they say are in their products once again here is another system in our country that is corupt.

    I don’t sell the vitamins either I am just a person with M.S. that invests in my health with Usana instead of the pharmacutical companies who are eventually going to kill me.

  10. Michael Webster 09/02/2008 at 9:13 pm - Reply

    Uh, Savvy Online Senior, saw your post over at Quatloos.

    Chances that you are a) savvy, b) a senior, and c) helped by the science of USANA, are zero.

    Nice try, though.

  11. Tracy Coenen 09/02/2008 at 9:14 pm - Reply

    Let me guess Senior… Usana saved your life???? ROFL

  12. Michael Webster 09/02/2008 at 9:23 pm - Reply

    Tracy, Savvy is 77 years old with MS and yet prefers the drugs in USANA, which are god knows what, to properly identified drugs.

  13. Virgil Amundsen 09/03/2008 at 3:50 am - Reply

    Let’s get this straight, Savy Online Senior: Barry Minkow has a self-serving agenda, but you, an anonymous internet troll with a miraculous story of healing have no axe to grind or agenda for posting your own lies on the Internet?

    Idiot.

  14. Savvy Online Senior 09/03/2008 at 10:41 am - Reply

    No you get this straight Mr. Amundsen. My name is Barbara Ferret (maiden name Webb)and I served in the the Womens Army Corps where I was cleared for top secret clearance to work in the Pentagon, in cryptography (1952-1955). I then married and had five kids. Now your are more anonymous then I. You know there is a word for people that believe everything that they think is reality. It’s called psychotic. All I am stating is you better check your facts before you start calling people idiots and you better wish you don’t get struck down with some debilating disease in your prime. Who made you GOD?

    I don’t need to waste any more time on this blog and will move on to tell my story elsewhere. I have lost a child to Cancer my husband to a stroke (at 51), my grandaughter to drugs (at 12) and I was given a 15% of living at the age of 46. You think calling me names is going to hurt me? And Mr Webster you too need a reality check and learn the facts about what are really in these products before you start with your basless comments. It’s all out in the open for everyone to see. They are giving me life again and I feel sorry for you that this fact seems to bother you. May God bless all of you!! Adio!

  15. michael webster 09/03/2008 at 11:18 am - Reply

    Dear Barbara;

    I am sorry that you have had such a tragic life.

    But, you still haven’t answered the question: what drugs do you say USANA has that alleviated your MS that could not be bought cheaper?

  16. Savvy Online Senior 09/03/2008 at 1:38 pm - Reply

    Mr. Webster, I have not had a tragic life it was my life, they were the cards that I was dealt. The only reason I stated what I had been through was to tell all of you, that simple little attacks on me was nothing in comparison to what I have had to deal with in my life. I have a wonderful life and great kids.

    My apologies for not answering you but I did not see a question in your comments. If you really want to know there are no pharmaceutical drugs in the Usana Products. There are only vitamins, minerals, nutrients, micronutrients, phytonutrients, antioxidants and herbal extracts. Usana is one of the few companies that reveal what is actually in their products. That is why they are in the Physician Desk Reference book that doctors use. They are not synthetic ingredients either and most of all they are bioavailable which means they absorb completely in our bodies.

    As I mentioned before, 90% of all the vitamins (the ones you say you can find cheaper) do not even absorb in our bodies. So they are useless.

    We need to regulate supplements in this country so the Centrum takers don’t waste their money thinking they are protecting their health (I was one of them for years, along with many other kinds of vitamins). Learn about the RDA levels and why they are misleading here in the U. S. Learn about how cozy the pharmaceutical industry is with the FDA and how drug overdose and drug interaction is the third leading cause of death in this country. Did you know that they pharmaceutical industry does not have to validate their research (regarding what certain drugs can do for us or the side effects) to the FDA?

    I feel that I am informed and what I do not know my daughter knows. She teaches medical professionals and seniors about these products. The cost of the medication for MS patients can range from $700 -$1300 a month. My cost for the Essentials is $39.95/mo and I take three other supplements (from Usana) that a MD doctor prescribed specifically for my MS that costs another $101. So I spend around $140/mo to feel better than I have felt in years. I am also starting to walk with a cane again.

    Mr. Webster these supplements did not alleviate my MS. It was explained by my doctor that it was simply slowing the progression of my MS down by addressing the health of my cells. We no longer can get the nutrition our cells need to ward off disease because our foods are devoid of that nutrition they once had in it. I am already in a” diseased state but they can definitely help people that are not in a diseased state, avoid any degenerated diseases all together.

    What I did not tell you is that I have been on other vitamins way before Usana came along in 1992. None of them have done for me what the Usana products have done for me. I know it is hard to believe all this, but believe it. There is so much we all don’t know about supplements, cellular nutrition and oxidative stress but we better start learning or all degenerative diseases will continue to rise in this country and all of us will continue to get sick. I am sorry I went on too long but this stuff is too improtant not to get it.

    Here are 5 crucial things that my daughter says must be considered when researching and choosing a high-quality nutritional supplement. There are only four companies out on the market today that can say they do all this and Usana is one of them. Usana is also the cheapest out of the four companies.

    1. Know the Manufacturing Process. So many “off-the-shelf” supplements in the marketplace today have unknown manufacturing processes. Know the company you’re going to purchase from and how they produce the product you’re going to put in your body. Companies that voluntarily subject themselves to third-party audits, reviews, and strict testing of their manufacturing processes are generally the best ones to go for–they usually have high standards of integrity in their company. It is best to do a little investigating at the company’s website or call them directly.

    2. Pharmaceutical Grade vs. RDA. Advances in nutritional science have led to the growing awareness of the need for optimal levels of nutrient intake as a means of long-term prevention of degenerative disease and optimal health. The vitamin/nutrient recommendations set by the RDA only address clinical symptoms and their nutritional recommendations are a base level for what we actually need for optimal health. These RDA recommendations may keep us from getting scurvy or rickets these days (the CDC doesn’t even keep track of the statistics of those deficiencies any more), but are not the appropriate levels for being proactive in preventing disease such as diabetes, cancer, or heart disease. RDA recommendations should not be considered the optimal levels for complete nutrition. For example, a major killer in America today is heart disease–and if we want to look at tackling the root cause of disease in this and many other conditions, we need to be taking optimal levels of vitamins and minerals for purposes of prevention and keeping our cells healthy.

    In addition, the RDA looks at supplements like foods and they are not required to put in their bottles exactly what is on the label. Pharmaceutical-Grade supplements purchase pharmaceutical-grade raw materials and then follow pharmaceutical-grade Good Manufacturing Practices (GMPs) in producing their supplements. With pharmaceutical-grade supplements, you can be confident that the active ingredients and ingredients listed on the label will be the actual amounts in the bottle.

    The government does not set a standard or require the manufacturers of nutritional supplements to follow these high-quality procedures; still, some nutritional companies put this extra effort into the manufacturing and Research & Development of their products to provide their customers with the assurance that they are getting what is on the label.

    3. Bioavailability and Potency. Basically, how available it is for your body and is it actually potent enough to make a significant difference to the quality of your health (remember the RDA info above?). This aspect of quality is set by the U.S Pharmacopoeia (USP) standards. These government guidelines are in place to assure that consumer medications and supplement tablets are bioavailable to the body–meaning they dissolve properly and will be readily absorbed in the body. You would be surprised by the enormous amounts of vitamins/supplements that do not dissolve properly! If it’s not dissolving, your body most definitely can’t use and disperse the nutrients! Companies that use pharmaceutical-grade GMPs would be useless if they didn’t also abide by the USP standards for the dissolution of their tablets. It doesn’t matter what’s in a tablet if it doesn’t even dissolve.

    4. Completeness and Balance. This is about making sure the nutrients work together in synergy, creating good absorption and interactions with each other. This aspect is probably the most difficult to understand because there are so many combinations of nutrients that are put together. A full supply of essential vitamins, minerals, and antioxidants is crucial for disease prevention and keeping the cells of the body healthy and alive. So, basically, you most definitely want to make sure the company you choose understands and implements complete balance in their products. Some companies are claiming you can get all of the nutrients you need in one or two pills a day. It is impossible to cram all of the nutrients the body needs into one or two “super pills.”

    5. Continued Research, Product Support, and Cost. After going through the first four steps, if you want to take it up a notch to really see who’s behind the product you’re putting in your body, ask yourself these questions in your investigative search: -Does the company invest significant time into extensive scientific operations, research and services, and stay at the forefront of nutritional science? (After all, research and science are always discovering new things.) -Is customer service and product support available from one company, or do you have to go through multiple companies for support?

    And finally, although cost is a contributing factor for most of us, don’t be enticed by the cheapest product on the market. On the same note, many times the most expensive ones are not the best either. Take a good look at the company first and set it against the first 4 standards; and then see if the quality they offer is competitive to the market price.

    Remember, this is your health you’re investing in. You can spend very cheaply on a product (and get just that–a very cheap low-quality product that does nothing for you); or you can invest a little more now in care and prevention and save a ton of money later.

    You asked me, so I told you. I am sorry again that it was too long. I wish you the best and if you ever get sick I promise you will remember this blog and our conversation.

  17. Tracy Coenen 09/03/2008 at 1:39 pm - Reply

    Oh my goodness. Usana vitamins are no better than the other ones on the market.

  18. michael webster 09/03/2008 at 6:04 pm - Reply

    Barbara, this is a fascinating post.

    What USANA products did you use that helped you with your MS?

    Why did you pick these USANA products?

  19. Savvy Online Senior 09/03/2008 at 11:07 pm - Reply

    I currently take the Essentials, Proflavanol 90, CoQuinone 30, Bio-Omega Fish Oil and their Active Calcium so I stand corrected I spend $152/mo and not $140/mo. I must admit I had to get the correct information from my daughter about the actual products and their effects on helping my MS. Here is what she gave me. To maintain optimal health, we need a variety of vitamins, minerals,
    bioflavonoids, and other micronutrients. The “essential” vitamins and
    minerals, as defined by government agencies and nutrition experts, are those that are needed for metabolic function but are not manufactured by our bodies. Thus, they must be obtained from outside sources.

    Because of today’s hectic lifestyles and diets that are far from
    balanced, it is very difficult to obtain the essential nutrients from
    food alone. In addition, daily stress, environmental pollutants, and
    unrefined foods are bombarding us with free radicals and have further
    increased the need for supplementation.

    USANA has expanded the meaning of “essential” micro nutrition to
    include more ingredients than just those with an established RDA.
    Formulated to not only prevent deficiency diseases, the USANA
    Essentials provide the necessary micronutrients to maintain optimal
    health and energy levels that everyone, at every age, needs every day. The Essentials also contain trace minerals, mixed carotenoids,
    bioflavanoids, and other phytochemicals and antioxidants to provide a
    full arsenal of compounds to help protect against the daily exposure
    to free radicals.

    USANA continually reviews all the available scientific literature to
    insure the micronutrients present in our Essentials formulas are
    balanced to work together. While much is still not known about all the
    interactions that occur with nutrients in our bodies, USANA continues
    to keep abreast of the latest research to insure up-to-date
    formulations. USANA takes extra steps to guarantee that only the
    highest quality ingredients with dependable levels of potency pass
    rigorous quality controls at every step of the manufacturing process.

    Again, to be useful, all nutrients must be of high quality and bioavailable. Poor disintegration means poor bioavailability of the nutrients.

    PROFLAVANOL 90 is a key weapon in our Antioxidant arsenal. USANA uses the highest quality grape seed extract. Coupled with their exclusive formulation, POLY C, the strong free radical scavengers in PROFLAVANOL 90 provide you with an important tool in the quest for lifelong good health. Together these ingredients provide significantly better protection against the oxidative modification of low density lipoproteins (LDL) than would be predicted from the sum of their individual effects. Not only do proanthocyanidins neutralize free radicals themselves, they conserve and regenerate vitamins C and E.

    I had a lot of inflammation in my legs before I started these supplements. The Proflavanol 90 has brought my inflammation under control. And because MS is an autoimmune disease this Proflavanol 90 helps boost my immune system too. I don’t get colds and I do not get a yearly flu shot.

    The CoQuinone 30 was given to me for the energy that I lack from my disease. It consist of Coenzyme 10 and ALPHA LIPOIC ACID.
    As we age, the ability to absorb and synthesize CoQ10 diminishes and the amount of CoQ10 retained in tissues decreases. In addition, CoQ10 may be depleted by several other factors, including overall nutritional status, levels of the B vitamins, folate, vitamin C, and selenium. CoQ10 levels in tissue may also be lowered by some drugs, including the cholesterol-lowering statins, and excessive exercise or environmental stresses such as illness and extreme weather.

    My MS is affected a great deal with extreme heat and extreme cold. I am not affected by these extreme conditions while I am on this product now.

    The energy that every cell needs to function is produced through a complex process in the mitochondria, an organelle within the cell, often called the cellular powerhouse. Cells store energy in a molecule called adenosine-5-triphosphate, or ATP. CoQ10 is an essential part of the electron transport chain used to make ATP. Thus ATP is synthesized and used by every cell in the body. Cells with the highest energy demands, such as in the heart, contain the highest levels of CoQ10. CoQ10 has been studied for years in the U.S., Europe, and Japan for its role in producing cellular energy and re-energizing the heart and other muscles. Several human clinical trials demonstrate maintenance of good heart function. A byproduct of energy production in the mitochondria is the formation of damaging free radicals. Nature has designed a molecule in CoQ10 that is remarkable because it not only assists in ATP production; it also cleans up the free radicals that are produced during that process. As an antioxidant, it rivals vitamins E and C. In addition, CoQ10 helps to regenerate and recycle vitamin E and works in concert with other antioxidants to protect against the damaging effects of free radicals.

    Now for the BiOmega that I take.
    In spite of clear benefits, health authorities have warned us to limit our intake of certain species of fish due to concern about potential contaminants. Manufactured in a state-of-the art facility, USANA’s BiOmega is virtually free of contaminants, which are eliminated through a double-molecular distillation process that ensures the highest possible purity. Through this process, heavy metals, PCBs, pesticides, and organic residues are effectively eliminated. Also free of trans- fatty acids, each capsule contains 2 mg of mixed natural tocopherols to minimize oxidation of the omega-3 fatty acids and maintain product quality during storage. In short, BiOmega is one of the purest, highest quality products available on the market today.

    USANA’s BiOmega is produced from cold-water, deep-sea fish oil and contains a balanced, highly concentrated daily dose of two important omega-3 fatty acids: eicosapentanoic acid (EPA) and docosahexanoic acid (DHA Omega-3 and omega-6 fatty acids are the biosynthetic precursors of a family of compounds called eicosanoids (prostaglandins, thromboxins, and leucotriens). These compounds are hormone-like substances that help retain normal health processes in our bodies. It is important to maintain an appropriate balance of omega-3 and omega-6 in the diet as these two substances work together to promote health. Yet despite the clear health benefits associated with omega-3 fatty acids, dietary surveys indicate that most of us do not obtain enough omega-3 fatty acids from our diets. In 2002, the American Heart Association issued new guidance on fish and fish oil consumption, because results of large-scale epidemiological studies and randomized controlled studies showed that omega-3 fatty acids in fish oil support cardiovascular health.

    In addition to the heart health benefits, studies have shown omega-3 fatty acids, in the form of fish oil supplements, to be effective in supporting healthy joints, promoting optimal neural development and function, and maintaining good bone health. Finally, DHA is also an important structural component of the retina and is, therefore, essential for eye development and growth.

    Lastly I take their Active Calcium. It is a comprehensive aid in the maintenance of healthy bones, helps reduce risk of osteoporosis, maintains optimal function of many body processes, contains nutrients essential to normal nerve conduction, muscle contraction, and blood clotting. USANA’s Active Calcium is enhanced with boron and vitamin K. Boron reduces calcium excretion and increases deposition of calcium in the bone. Vitamin K influences the level of osteocalcin in the bone-forming cells and thus the rate of mineralization of bone. One of the things that MS does is it deteriorates the myelin sheath around my nerves. I have been told the Active Calcium along with the other four supplements, helps in slowing down the progression of this process.

    I picked these products mainly because of all the research my daughter did after the recomendations of the products by my Occupational Therapist and then Dr. Ray Strand MD. One of the most overwhelming pieces of evidence for the Essentials came from the book “The Comparative Guide to Nutritional Supplements” by a biochemist named Lyle MacWilliam,Bsc, MSc, FP.

    This biochemist gave 33 companies out of 1500 a five star rating (highest rating) for what they had in them and the potential effects in preventing degenerative diseases. However, he did not stop there, he went to the 33 companies and asked all 33 of them to put their products through an independent third-party testing of their products and only 4 companies agreed to the testing. Usana was one of them. This biochemist now promotes the four companies as “The Best of The Best”. His book has had 4 revisions I believe in the last 7 years and has become the leading authority for consumers who want to find a good vitamin. I recommend this book to anyone that wants to learn the science behind vitamins, supplements and cellular nutrition.

    Now that I have stayed up way too late for me, I hope this answers your questions Mr. Webster.

  20. Tracy Coenen 09/04/2008 at 7:07 am - Reply

    All you did was copy from Usana propaganda pieces. Quit drinking the kool-aid!

  21. michael webster 09/04/2008 at 11:01 am - Reply

    Barbara, very interesting.

    Now, how many people have MS?

    How many people’s MS get better, who are not taking this vitamin mix?

    How many people with MS who are taking this vitamin mix are getting better?

    Any idea?

  22. Sandra 09/12/2008 at 7:49 pm - Reply

    I will say this. The placebo effect is alive and well and lives in us all. The savvy senior with MS. (I did not read the whole Usana propaganda) I want you to read some books about the brain and how it is the master of the body. Read The Intention Experiment and other books on how mind over matter. It has never been about what you eat or the vitamins but what YOU BELIEVE. You believe it so it works. Good for you. But don’t think that Usana has any research on there stuff. I want to see them published in Scientific American magazine or in Discovery or in ANY medical publication before you or any other Usana groupie tells me again on how wonderful a high dose of vitamins is. If you get the wrong vitamins it is a poison in your body. No little seller of usana is trained to know what a person needs for vitamins. They are to sell, sell, sell.

  23. Annabelle 09/26/2008 at 1:25 am - Reply

    Stupid blog…

  24. Cathy 10/07/2008 at 11:15 am - Reply

    Usana is overpriced and overhyped. They always claim they are the best, highest quality, the ONLY ONE with GMP standards blah blah blah. Fact is, you can get higher quality, safer products for much cheaper. There are other companies with GMP too, and these even grow their ingredients on certified organic farms. That’s a step further than Usana. These companies have bigger R&D teams, better manufacturing facilities (GMP may I add), more patents and sooo much cheaper than Usana prices. Usana will use the book by Macwilliam to justify their prices, but anybody with sense will know the blended standard that Macwilliam uses is a simple averaging technique based on recommendations of 7 authors. Take a different set of 7 authors and you will get different numbers. No clinical test was done. It is purely a marketing tool for Usana trolls to push their products!

  25. […] a clear message was sent in the case of Usana Health Sciences versus Barry Minkow and the Fraud Discovery Institute. People […]

  26. Girl Reading Stuff Online 04/08/2019 at 10:58 pm - Reply

    aww that’s sad sherman, you uncovered her

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