The product is not “clinically proven” to be a “fat-burner,” as MuscleTech claims. MuscleTech’s own study showed that Hydroxycut has no efficacy as compared to placebo with the possible exception of an appetite-suppressing effect. Moreover, the serious adverse health risks of Hydroxycut with ephedra – including death – were not adequately described or disclosed in marketing and labeling of the product.
Nixon also alleged that the "before" and "after" photographs were misleading, and that one woman's "before" photo was deceptive because she was recently pregnant.[5
MuscleTech paid $100,000 to settle the case while denying any wrongdoing.[6