Excerpts from a Cincinnati BBB, Inc. Report of August 15, 2004.
Berkeley Premium Nutraceuticals is located at 1661 Waycross Road, Cincinnati, OH 45240. It also does business as Boland Naturals, Inc., Lifekey Healthcare, Inc., LifeKey, Inc., Wagner Nutriceuticals, Wagner Pharmaceuticals, Warner Health Care, Inc. Its starting date was January 1, 1994. Its Web sites include askberkeley.com, askberkley.com, avlimil.com, avlimill.com, boland-naturals.com, bolandnaturals.com, enzyte.com, lifekeyinc.com, mioplex.com, rovicid.com, and 4 rovicid.com. Steve Warshak, who owns the company and its subsidiaries, is also identified in BBB files as the owner of TCI Media, Inc.
Nature of Business
This firm offers dietary supplements including Altovis, Avlimil, Enzyte, Ogoplex, Rogisen, Rovicid, Pinadol, Numovil, Dromias, Suvaril, Rudofil and Nuproxi.
The company promotes a 30-day free trial offer on its website and in radio and television ads. Consumers are charged a shipping and handling fee for this free offer and must participate in the Berkeley Value Added program. As part of this program, you agree to allow the company to automatically ship additional product to you every 21 days. You also agree to allow the company to automatically bill the cost of the product to your credit or debit card prior to shipping.
Customer Experience
Based on BBB files, this company has an unsatisfactory record with the Bureau due to a pattern of complaints concerning billing issues as well as unanswered and unresolved complaints. Specifically complaints state that the Berkeley Value Added program was not disclosed to the consumer at the time of purchase or that the company did not honor customer requests at the time of purchase not to enroll them in the Value Added program. Some consumers reported that they thought they had cancelled the program within the appropriate time frame only to learn that the company had already charged their credit card and shipped product. Some consumers who cancelled online were told that they needed a print-out or cancellation number to prove that the cancellation was valid, these consumers stated that the online cancellation form did not provide any kind of confirmation.
The company responds to these concerns by stating that customers were notified at the time of the original order that products are for continued use so with the order, each customer also receives free membership in the Value Added Program. The company also states that full details of the program are explained on their websites and in informational brochures that are included in all product shipments. The company has responded to some complaints by offering full or partial refunds. More recently, the company has denied refund requests from consumers who have ordered product online stating that the website order form includes disclosures of the Value Added program.
Company literature states that if a customer wishes to cancel or discontinue with this program, they may do so by contacting the Customer Care Center at 1-866-985-9040 between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday with no obligations. Customers may also cancel online at www.96shoes.com.
The company has responded to complaints regarding guarantee issues by stating that the products do not come with a money-back guarantee but rather a guarantee of quality assurance.
The firm is currently promoting a One-Year Challenge which is a 12-month money back guarantee. The guarantee states that consumers must participate in the Berkeley Value Added Program for twelve consecutive months. In order to be eligible for the guarantee all twelve bottles and proof of purchases must be returned.
When evaluating complaint information, please consider the company’s size and volume of business. The number of complaints filed against the company may not be as important as the type of complaints and how the company handled them. The BBB generally does not pass judgment on the validity of complaints filed.
Closed Complaints
Number of complaints processed by the BBB since the firm’s BBB file was opened in September of 2001: 2985
Number of complaints processed by the BBB in last 12 months: 2633
Complaints Concerned:
Advertising Issues: 241
Outcome of complaints: Resolved: 217; Unresolved: 4; Company made good faith effort to Resolve: 14; Company did not respond: 6
Sales Issues: 655
Outcome of complaints: Resolved: 605; Unresolved: 13; Company made good faith effort to Resolve: 23; Company did not respond: 14
Delivery Issues: 45
Outcome of complaints: Resolved: 42; Unresolved: 1; Company made good faith effort to Resolve: 2
Repair or Service Issues: 3
Outcome of complaints: Resolved: 3
Guarantee or Warranty Issues: 43
Outcome of complaints: Resolved: 36; Unresolved: 1; Delayed Resolution: 1;
Company made good faith effort to Resolve: 4; Company did not respond: 1
Product Quality Issues: 13
Outcome of complaints: Resolved: 13
Refund or Exchange Issues: 296
Outcome of complaints: Resolved: 276; Unresolved: 6; Company made good faith effort to Resolve: 9; Company did not respond: 5
Contract Issues: 436
Outcome of complaints: Resolved: 419; Unresolved: 5; Company made good faith effort to Resolve: 8; Company did not respond: 4
Customer Service Issues: 22
Outcome of complaints: Resolved: 21; Company did not respond: 1
Credit or Billing Issues: 1231
Outcome of complaints: Resolved: 1135; Unresolved: 26; Company made good faith effort to Resolve: 47; Company did not respond: 23
Company Advertising
In September 2002, the Cincinnati BBB requested substantiation of the company’s claims that the product Enzyte performs as described, by providing the following:
- the results of all medical studies testing the performance of the product
- a copy of the material safety data sheet listing all the ingredients
- any registration information for the product as may be required by the Food & Drug Administration
In response, the company sent the BBB a statement in February 2003: Regarding your request for registration information for the product with the Food and Drug Administration, our product is categorized as an all-natural supplement and therefore does not require FDA approval. In October 2003, the firm submitted copies of studies and journal articles relating to the efficacy of the ingredients in Enzyte. These articles were not specific to the product Enzyte.
In April 2004, the Bureau requested substantiation of performance claims for the company’s other products. We have not received a response to date.
