LAWSUIT E. Powell Miller is the Troy attorney who has filed the lawsuit against the diet company. He can be contacted at (248) 267-1200 or by email, click here.

A Downriver man said that he spent more than $170 on the product and did not lose any weight after using it for three months.

The company does not have a refund policy.

Troy, Mich., attorneys Mark Baumkel and Powell Miller have brought a case against Mark Nutritionals of San Antonio, Texas, on behalf of Wayne truck driver Bob Miller.

And the Federal Trade Commission Consumer Alert says that claims for diet products and programs that promise weight loss without effort are phony.

With bottles running almost $60, the attorneys and Miller are hoping that the weight of this claim is enough to get other consumers their money back as well.

The lawsuits allege that Mark Nutritionals violated the State Consumer Product Act by claiming that people could lose weight while sleeping, when it has no proof for the claim.

The lawsuit says that disc jockeys do not reveal that they receive the product for free and are paid for testimonials.