Regarding the Texas Attorney General’s Decree
I write this with honesty and sincerity to the reader, not as any justification. My intent is to explain what actually happened that led to the injunctions against both myself and Maximum Efficiency Products, which has since discontinued operations.
The major issues that concerned the Texas Department of Health (TDH) and ultimately the Texas Attorney General's office (AG) (which is charged with the formal enforcement of TDH regulations) were as follows:
1. Certain required documentation procedures were not being followed correctly with respect to the manufacture of one of our products, Herbal Essence. These procedures did not involve claims or reports that anyone became ill or suffered adverse effects from the product. To my knowledge, no one has ever become ill due to our manufacturing process of Herbal Essence.
2. The labeling on our products was not correct according to current law and regulations.
3. Certain advertising, including various claims, was not correct under current law and regulations.
4. We were not licensed as a manufacturer in Texas.
5. TDH and the AG asserted that I misrepresented my credentials, background, and experience. Answers and facts:
1. True. The required documentation concerning the manufacture of Herbal Essence was not being handled properly. Maximum Efficiency Products had grown quickly and the individuals in charge were not sufficiently informed as to all the required documentation and procedural laws. The company had recently put a new individual in charge, who was in the middle of reviewing all of the company's manufacturing processes and procedures when TDH conducted its inspection and noticed the deficiencies in documentation. There is no good excuse for these deficiencies. While we were in the process of our internal compliance review, which would have corrected these errors, this was the last area of review, and it was not completed when TDH's review began. However, I again note that no one to our knowledge has ever become ill due to our manufacturing process. After the deficiencies were identified by TDH, our documentation was corrected in a matter of days.
2. True. The labeling on our products was not technically correct. There are many, many Federal and State laws and regulations that spell out exactly how a label on any type of product must appear; they are very, very specific. The labels on our products did not meet these requirements. However, the labeling was corrected in a timely manner.
3. Also true. As in labeling, there are many specific laws concerning advertising products, especially nutritional supplements, and making claims or statements about these products. I could go on for hours on this topic but the simple facts again are that the company was not as knowledgeable in these areas as it should have been. These are very intricate laws. However, the law is the law. The company was quick to correct its mistakes.
4. Also true. The company was not licensed as a manufacturer in Texas. The individual in charge at the time had failed to file a simple 2 page form with the State of Texas and pay a very minimal fee. That's all that was required. It was not done. I did not know. To this day I will never understand why this 5 minute matter was not taken care of, but it wasn't. Upon our notification, the forms were filed, the fees paid, and the company was given its Texas Manufacturing License.
5. Not true. Evidently, certain attempts were made to verify my credentials. However, no one ever discussed anything with me regarding my credentials,so I am not sure what was done, if anything concerning verification. Nevertheless, in the beginning of these proceedings, based on their attempts to verify my credentials, the AG asserted that I had misrepresented myself to the public. These misrepresentations were listed in the temporary injunction. However, in the final injunction dated December 30, 2002, which was entered with our agreement, these 3 matters were completely cleared up:
• First, it became clear that I was appointed an adjunct professor at Texas Southern University in the College of Pharmacy and Health Sciences. This was confirmed on page (7), #26 (4) of the permanent injunction.
Anyone who has questioned Brian's appointment as a professor has never properly checked his credentials. Brian was never asked to provide any proof before being falsely and unjustly accused of lying about his professorship. The truth is presented here: Click here to see the official letter appointing Brian as a Adjunct Professor of Clinical Pharmacy in the Department of Pharmacy Practice at Texas Southern University College of Pharmacy. Also click here to read the legal letter concerning this appointment and the accolades given to Brian by both the President and Associate Dean of Pharmacy at TSU. Brian never misled anyone.
• Second, I have never claimed to be a "doctor," or a Ph.D. and certainly not a medical doctor. During some lectures people may have referred to me as a doctor but I never referred to myself as one. I have no need to do such a thing. My background is in electrical engineering and I received my degree from MIT. I developed the term and field "Life-Systems Engineering" using my engineering background and years of nutritional and health research. I am honored that universities have followed my lead in this new science.
• Third, I have been verified as a "scientist," by both the former President of Texas Southern University and its Assistant Dean of Pharmacy at the time. The Associate Dean of the College of Pharmacy stated, “We are honored to have a scientist of Professor Peskin’s standing as a member of the faculty….” The former President of the University said: “...His nutritional discoveries and practical applications through Life-Systems Engineering [Science] are unprecedented.”
6. The book "Radiant Health: Moving Beyond the Zone" was a genuine publication based on 5 years of my research. According to the State, it was not proper to make the health-related claims contained in this book. However, the science is irrefutable based on the sources of my research over that period of time. Unfortunately, what the law "allows," and what is crystal clear from the scientific facts are often completely different things regarding the fields of medicine and nutrition.
7. I believe that under my direction, the Radiant Health supplements were the best in their class based on the most advanced scientific analysis and research available. The ingredients are of the highest specifications. Any company's product of which I am the nutritional consultant for will be strictly based on the best science. Science-- not opinion or "political correctness" has always been my motto.
When building M.E.P., I had in mind a large goal: to help many people benefit from better nutrition and/or to help them maintain their overall health. The results received, not only in America but all over Europe and the Far East, led me to make the claims and statements I made, without being aware of the specific legal restrictions discussed above.
I apologize for not making myself aware of the restrictions. However, myself and thousands of others know without a doubt that the Radiant Health program worked, and that now I will continue to lead the way to always bring you the world's most advanced nutritional science. I thank the Texas Department of Health and the Attorney General for bringing me into compliance with all of the intricacies of the current laws and regulations.Yours most sincerely,
Professor* Brian Peskin
If you have further questions, I'm happy to answer them. I can be directly contacted at
prof-nutrition@sbcglobal.net
