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Balance Of Nature Must Pay $1.1 Million in Consumer Protection Settlement with State of California — For Fraudulent Health Claims

Roger Friedman
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Balance Of Nature Must Pay $1.1 Million in Consumer Protection Settlement with State of California — For Fraudulent Health Claims

I’ve told you about the fruity business called Balance of Nature. Their shady business was cited by the FDA a few years ago for making fraudulent claims. Balance of Nature is one of the biggest advertisers on AM radio. Their constant advertorials — actors pretending to be satisfied customers — are heard 24/7.

Now comes word that the State of California has settled a consumer protection lawsuit against the questionable company over its claims that it stuffs fresh fruits and vegetables into pills that can replace the actual food.

Sonoma Count California District Attorney Carla Rodriguez announced this past week that her office — as part of the California Food, Drug, and Medical Device Task Force — “settled a consumer protection action against Evig, LLC doing business as Balance of Nature. The case was filed in Napa Superior Court by the District Attorney’s offices of Sonoma, Alameda, Marin, Monterey, Napa Orange, Santa Clara, Santa Cruz, Shasta, and Solano Counties, which together comprise the task force.”

According to a press release: “As part of the settlement, Balance of Nature agreed to enter into a judgment, which includes a monetary payment of $1.1 million dollars. Under the terms of the judgment, Balance of Nature must pay $250,000 in customer restitution. Any California resident who purchased a Balance of Nature product in the past 6 years will receive a notice on how to claim a refund. Balance of Nature will also pay $850,000 in civil penalties and investigative costs. Further, the judgment prohibits Balance of Nature from engaging in any of the unlawful conduct described in the complaint. Balance of Nature did not admit liability.”

The complaint, according to the Sonoma County DA’s office, alleged that “Balance of Nature made claims that its products could prevent, treat, mitigate, or cure serious disease conditions, including diabetes, arthritis, heart disease, fibromyalgia, and cancer. The company went so far as to recommend that customers take 12 capsules each of its Fruits and Veggies supplements if they had been “diagnosed with life threatening illness[.]” Balance of Nature also used customer testimonials to make scientifically unsupported claims that the products could treat or cure disease conditions such as lupus, ulcers, gout, congestive heart failure, Hepatitis C, and multiple sclerosis.”

The complaint further alleged that “Balance of Nature enrolled customers into an automatically renewing subscription program, and charged them a recurring monthly fee, without clearly disclosing the terms of the program, giving customers an adequate acknowledgement of their enrollment in the program, or allowing customers to cancel online, all in violation of California’s Automatic Renewal Law.“

District Attorney Carla Rodriguez stated, “The California Food, Drug and Medical Device Task force does important work throughout the state to protect consumers from false and misleading advertising in the area of dietary supplements and medical devices and Sonoma County is proud to be a part of this task force.”

Balance of Nature is spending millions on advertising, which means radio and TV news departments are unlikely to report this story — or stop taking the ads. But this company is a fraud. It’s time for another FDA clamp down.

Lizzo Record Sales, Streaming, Airplay Collapse in One Day After Harassment Scandal Breaks Wide: Career Crisis

Roger Friedman
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Lizzo Record Sales, Streaming, Airplay Collapse in One Day After Harassment Scandal Breaks Wide: Career Crisis

It’s been about 48 hours since news of pop star Lizzo’s scandals broke wide. She’s being sued by former dancers for misconduct and harassment. Others who worked with her are backing these people up and now more allegations are coming out.

The result is a career collapse for Lizzo. In those two days, her record sales including streaming and airplay have collapsed. Looking at numbers from Luminate, the trends have not just fallen but evaporated. It’s as if every radio has pulled Lizzo’s hits. Fans stopped streaming the records, and forget about buying them or downloading them.

This kind of thing is rare and scary. Lizzo is going to need to a massive defense and a PR campaign no one’s ever seen before. The timing couldn’t be worse because the union strikes have stopped the talk shows she might have gone on to explain or defend herself. Lizzo’s only recourse, I guess, would be a People magazine cover story. But even that is dicey at this point.

According to the Luminate numbers, Lizzo was averaging about 2,000 copies of everything included per day from last Friday. She doesn’t have a current release so those numbers are fine. However, on August 3rd her total sales dropped to just 30. That’s including streaming and downloads plus airplay. It all just went away.

The lawsuit — brought by plaintiffs Crystal Williams, Arianna Davis, and Noelle Rodriguez — alleges nine areas of misconduct. The allegations made against all three defendants include a hostile work environment that featured sexual harassment, a failure to prevent or remedy sexual harassment in the workplace, and a failure to prevent or remedy religious harassment in the workplace.

The worst of the allegations isn’t the stuff about bananas in the singers’ vaginas. What is doing Lizzo in is accusations of weight or fat shaming against the dancers. The grossly overweight singer has turned her right to be fat into her anthem. The whole gist of her career is a celebration of bodies of all sizes and shapes. If she’s guilty of demeaning women for just that, her career will be over whether or not she’s a good singer or can play the flute.

“Barbie” Shows No Sign of Softening, Crosses $400 Million Mark and Aims for Number 1 Weekend

Roger Friedman
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“Barbie” Shows No Sign of Softening, Crosses $400 Million Mark and Aims for Number 1 Weekend

“Barbie” just keeps on going.

Doll is short for dollar as “Barbie” crossed the $400 million mark yesterday, dropping just a scooch from the day before. Another $40 or $50 million this weekend? Why not?

The whole Barbenheimer barrage should be fine this weekend since there’s no real competition. The horror film, “Meg 2,” has disastrous reviews and made $3.2 million last night in previews. “Teenage Mutant Ninja Turtles” will be a good place to park the kids while the parents are to “Oppenheimer.”

Next up: we’ll see if Warner’s can capitalize on “Barbie” with “Blue Beetle” next week. I always thought the Blue Beatle might be Ringo. Who knows? (I know nothing about it.) We’ll see…

Review: “Sex and the City” Throws Mr. Big Under the Bus and Backs Up Over Him Again–to Punish Chris Noth?

Roger Friedman
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Review: “Sex and the City” Throws Mr. Big Under the Bus and Backs Up Over Him Again–to Punish Chris Noth?

The last time I reviewed episodes of “Sex and the City And Just Like That” I mentioned that Season 2 took a left turn in Episode 5. After the dreadful first season and four bitter episodes from the second, the series all of a sudden was fun and light. It was actually enjoyable. It felt like the old “Sex and the City;”

Now episode 8 has dropped, and the trend has happily continued. The show is a comedy again, not a woke manual to lesbian sex, pronouns, and how to make Black friends. I guess it took this long for the writers to get it together.

In particular, Kristin Davis and Evan Handler and their family have stepped up to take center stage. “And Just Like That” feels like a sophisticated comedy about this urban family who have single friends (Carrie, Miranda). That they’re really rich and no one has a financial issue takes the strain off everyone, and makes the show feel like a fantasy.

What I found odd about episode 8, however, is how the writers have decided to back up over Mr. Big’s dead body. They killed off Chris Noth’s long time character in Season 1 Episode 1 so Carrie could mourn and go back to being single. Then Noth got into a #MeToo scandal and went through a period of questionable freezing out.

Now Carrie has moved on, or back, to her old boyfriend Aidan (John Corbett). And it’s not like she’s just getting past Big’s death. Her relationship and marriage are now termed “a mistake.” One wonders if Noth hadn’t had the scandal if Carrie would be so callous about his death. And she shouldn’t be. After all, he left her a fortune. If it weren’t for Big, she wouldn’t be able to afford hotel rooms for trysts, or to rent someone’s luxury apartment for the same. She’d be sitting at her desk, writing Tweets for money as a social influencer.

So feel bad for Mr. Big. This show just keeps killing him for no reason. On the other hand, “And Just Like That” is now fun. So that’s something.

Former Days of Our Lives Actress Speaks Out About Executive Producer Scandal: “It’s been hard for me to read the news. I guess I’m shocked he learned nothing”

Roger Friedman
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Former Days of Our Lives Actress Speaks Out About Executive Producer Scandal: “It’s been hard for me to read the news. I guess I’m shocked he learned nothing”

Actress Farrah Fath Galfond is weighing on “Days of our Lives” EP Albert Alarr. She had two stints on the show, with a better one — on “One Life to Live” — in between. You can read her Twitter comments below, followed by rousing approval of long time “Days” actress Arianne Zucker. Zucker is clearly anti-Alarr. Since she’s an integral part of the show, it’s hard to imagine Alarr can continue as EP. So far there is no word from the show’s owner, Ken Corday. I’m actually surprised NBC, which airs the show on Peacock, hasn’t stepped in.

Galfond writes: I’m not on the cast anymore but I would love to sign the petition in spirit. These were my experiences too. It wasn’t until I switched shows that I realized not every set was like that…I had the particular misfortune of having Alarr direct my first ever “love” scene when I was 19. He was new so I was already nervous not having one of the other directors that I was used to.

“I was extremely modest and freaked out to be standing in my underwear in front of dozens of crew (aka men that had known me since I was 15…ew) and did Albert do or say one little thing to make me feel remotely at ease? Absolutely not. He pushed and pushed and pushed and pushed me on a particular issue, and was annoyed when I stood my ground.

“20 years later and I still feel sad about that day yet happy I set a boundary. But MAN would it have been nice to have a WOMAN direct that scene and make sure I felt protected instead of exposed. It’s been hard for me to read the news. I guess I’m shocked he learned nothing after the me too movement. Or by …hello?? The cast & crew’s appalled reactions to him on daily basis?? I’m sorry to my former coworkers who’ve been dealing with this relentlessly for decades now. Proud of those who are finding their voice now. His time is up. Nice work “

Zucker commented: “Thank you Farah! Your words matter. Knowing you are not alone may not only start to ease what you and many others have gone through, but saying something is everything. Love you always! #Womentakingourpowerback MOVEMENT”

Zucker added on her Instagram page:

“I want to thank you all for the incredible community support! Without all your voices there is no change! (Even though we are still waiting). Your constant positivity and STRONG OPINIONS mean more than you know.
Thank you to those who have formally been on the show who have shared your stories and continue to share them. I’ve said it before and I’ll say it again! It takes a village.
I’ll leave you with this…doing the right thing can never be wrong. Especially, when it is for the good of the many!”

Review: “Back to the Future” Musical Lands on Broadway a Stunning Visual Production Made for the Nostalgic by Artificial Intelligence

Roger Friedman
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Review: “Back to the Future” Musical Lands on Broadway a Stunning Visual Production Made for the Nostalgic by Artificial Intelligence

“Back to the Future,” a hit musical from London, has landed at the cavernous Winter Garden Theater. Based on the 1985 movie, the show is a crowd pleaser if only because everyone who sees it knows the story and is ready to see it re-enacted on a stage.

And boy, is it ever. From the moment you walk into the Winter Garden you can tell these people are serious with a capital S. The venerable showplace has been remade into a futuristic fantasy that lights up with neon everywhere. If you’re a kid, or an adult who saw the movie as a kid, this is heaven. It’s like watching a pinball machine light up over and over.

A machine made musical is really timely in our current discourse. It’s as if someone fed Robert Zemeckis’s clever movie into Artificial Intelligence and asked it to write a Broadway show. Out this thing has popped from a computer slot. All the characters, the sets, the plot, it’s all there. The only thing it’s missing is, to reference the Tin Man from The Wizard Oz, is a heart.

Aside from the pre-existing songs from the movie — like Huey Lewis’ two hits, and things like “Johnny B. Goode” — the music sounds like it literally came out of a computer program. The songs, by top 40 hitmaker Glenn Ballard and the movie’s original composer Alan Silvestri, are constructed from about 20 different styles with, no cohesion of any kind. (By the way nearly every song has the word “future” in it over and over. Okay, we get it.) They’re like Bob Gale’s book, which takes no time to develop the characters he wrote so well for the original movie. Either you know ’em this time, or you don’t.

It’s not like the total package isn’t enjoyable. It is. To counterbalance this weird situation, the actors are all superb. And the production design is A plus. This show had to cost $20 million or more and you can tell they’re in for the long haul. When Doc’s Delorean appears on stage, it’s so compelling it’s actually a character in the musical. It’s the equivalent of the chandelier from “Phantom of the Opera.” And — it talks! (Kinda.) It also lights up, spews smoke, and eventually, it flies. What kid wouldn’t want to see that on stage?

The cast tries hard not to imitate the movie’s actors, and they pull that off with aplomb. Casey Likes, the kid who survived “Almost Famous” the musical, is a charming Marty McFly. He can sing and dance, and provide just enough disgust when his own mother gets a crush on him. Roger Bart, certainly a musical star by now, is commanding as the eccentric Doc Brown. He’s part Einstein and part Dr. Irwin Corey, plays it broadly, which is all you need.

Bart tends to steal all his scenes but he’s got a lot of competition. British actor Hugh Coles comes from the UK Production playing goofy nerd George McFly or, really, actor Crispin Glover playing George McFly. Coles won some awards doing this, and he’s really kind of genius. Jelani Remy is an absolute joy playing the dual roles of Goldie (who becomes the mayor) and the soul singer Marvin Berry (Marvin Gaye/Berry Gordy?). Songwise, Remy gets the most organic, spiritual moments. I could have listened to him all night. Liana Hunt is lovely and refreshing as Marty’s mom, Lorraine.

This is not a Broadway masterpiece like “Sweeney Todd” or “Parade” or “Here Lies Love.” It’s more like “Miss Saigon” on a good day. It’s an event, a presentation, an Entertainment, the kind you’d see in Vegas or at Disneyland. But those big numbers, the production values, are stupendous. Illusion designer Chris Fisher deserves buckets of kudos. Just as he made “Harry Potter and the Cursed Child” a dazzling experience, he does the same here. Director John Rando is able to keep the action moving without taking a breath and Fisher waves a magic wand over the proceedings.

So come to “Back to the Future” for fun. Don’t take it too seriously. And just be happy Broadway gets a strong ticket draw that should run for some time.

Finally: Donald Trump Arraigned, Arrested, Pleads Not Guilty, Faces 55 Years in Jail for Fomenting January 6th Insurrection

Roger Friedman
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Finally: Donald Trump Arraigned, Arrested, Pleads Not Guilty, Faces 55 Years in Jail for Fomenting January 6th Insurrection

Donald Trump has finally been brought to his knees. So to speak.

In federal Court today in Washington DC, Trump has been arraigned, arrested, and released on four counts in the fomenting of the January 6th capitol insurrection: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.

Trump was advised as he pleaded not guilty that he faces 55 years in jail.

This is third indictment so far, and the worst.

That his followers, and Republicans, would still vote for him is inexplicable. There’s either mass stupidity or they’ve all had a brain infection brought by space aliens.

This is the Donald Trump we New Yorkers have known all along since the 1980s: corrupt, lying,, full of hubris. and an unreal reading on public life. For decades he was puffed up in the New York tabloids and came to believe his own publicity — which he planted — as the King of the World.

In the end, he was just a petty thief who conspired to undermine our country and overthrow the government. It doesn’t seem possible that he could run a presidential campaign with three trials pending and a fourth indictment coming in Georgia. Trump may at last be finished.

Box Office: Barbenheimer Movies Hitting Landmark Numbers Today After Just Two Weeks, “Mission Impossible” Killing it in…China

Roger Friedman
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Box Office: Barbenheimer Movies Hitting Landmark Numbers Today After Just Two Weeks, “Mission Impossible” Killing it in…China

Tonight is two weeks since the Barbenheimer marketing Goliath began.

After 14 days, both movies will hit landmark numbers today.

“Barbie” will cross the $400 mark today, which isn’t surprising considering the Mattel involvement. More shockingly, the serious three hour epic “Oppenheimer” crosses $200 million. And these are just the US numbers. Abroad, both movies are massive hits.

The loser at the box office is “Mission Impossible Dead Reckoning.” The 7th installment in the series should have been as big as “Oppenheimer.” Instead, it’s running $30 million behind “Mission Impossible Fallout.”

Although “Dead Reckoning” has amassed almost $700 million worldwide, almost all of it is from international box office. And of that, nearly all the foreign box office came from China — about $350 million so far.

Lizzo Says Accusations of Abuse are Bananas, Flutist Flouts, Sows Seeds of Doubt About Lawsuit

Roger Friedman
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Lizzo Says Accusations of Abuse are Bananas, Flutist Flouts, Sows Seeds of Doubt About Lawsuit

Lizzo, the outspoken flute playing R&B star, denies any of the accusations hurled at her in a lawsuit from the former employees who danced on her last tour. The dancers said they had been “exposed to an overtly sexual atmosphere that permeated their workplace,” in a lawsuit filed on Tuesday in Los Angeles Superior Court.

Lizzo says it’s ‘bananas’ that she’d be sticking peelable fruit in ladies’ private places. She also reminds us that she’s always stood up to body shaming and wouldn’t do it to her staff. My gut instinct is that I believe her.

It’s ABOUT DAMN TIME she spoke up. All kinds of anonymous sources are speaking up, telling backstage stories.

Jonathan Majors Domestic Abuse Trial Set for September 6th in NYC, Marvel Movies Depend on Outcome

Roger Friedman
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Jonathan Majors Domestic Abuse Trial Set for September 6th in NYC, Marvel Movies Depend on Outcome

Serious stuff: a date has been set for Jonathan Majors and his domestic abuse trial in New York.

This morning at a hearing the judge chose September 6th for the trial as a start date. Majors was arrested last March in New York, one week after the Oscars, after his girlfriend accused of attacking and choking her. Majors denies the accusations and his lawyer has suggested the girlfriend was the abuser.

Majors began the year with a zooming career. He starred in movies in “Creed III” and on streaming in “The Mandalorian.” A Sundance movie, “Magazine Dreams,” was set for Oscar release in late 2023.

He’s also the star of the as yet unfilmed Marvel Avengers trilogy in which he plays the villain, Kang the Conqueror.

Now all of that rests on the outcome of the trial. If Majors is proven guilty. his life will be destroyed. But also hundreds of millions of Hollywood dollars are at risk. No pressure!

Majors must be considered innocent until proven guilty. Let’s hope an impartial jury can be selected.

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