Bioperformance Gas Pill

What the Texas Attorney General Says About BioPerformance

"The defendants' dramatic markup on their worthless product, coupled with their downline marketing strategy, indicate they were organizing an elaborate, illegal, and unsustainable pyramid scheme."

BioPerformance ordered to return more than $7 million to victims of pyramid scheme

AUSTIN - Texas Attorney General Greg Abbott today stopped a Dallas-based pyramid scheme from illegally marketing the so-called "top secret gas pill" that it falsely claimed would increase fuel efficiency in automobiles. The Attorney General's settlement with BioPerformance and its owners, Lowell Mims and Gustavo Romero, prevents the defendants from continuing to deceptively market their products and ends the State's eight-month legal action against the company.

A combination of the defendants' frozen assets and the dissolution of two trusts created by Mims and Romero will provide more than $7 million in compensation to deceived consumers. Mims and Romero may continue to operate any legitimate enterprise, but may not deceptively market BioPerformance pills or similar fuel additive products.

"Swift legal action stopped this cynical, brazen scheme to defraud consumers," said Attorney General Abbott. "With gasoline prices hitting record highs, these defendants aggressively marketed their worthless product as a wonder-cure. Sadly, these do-nothing pills were merely the tools of an elaborate pyramid scheme that enriched the sellers while buyers were left with empty hands and empty wallets."

Attorney General Abbott added: "Texans will not tolerate con artists who prey upon unsuspecting consumers. Though we will continue aggressively cracking down on fraudulent pyramid schemes that profiteer from worthless products, consumers should always be dubious when offered 'miracle' products that are long on hype but short on credible proof."

Last May, the Attorney General filed a lawsuit against BioPerformance that accused the company of violating the Texas Deceptive Trade Practices Act. According to court filings, BioPerformance repeatedly and falsely claimed that its fuel pills could improve vehicular fuel efficiency by as much as 30 percent while also reducing engine emissions by 50 percent. BioPerformance also sold its fuel additive in powder form.

The Attorney General further alleged that the worthless product, combined with the defendants' downline marketing scheme, constitutes a product-based pyramid scheme, which violates the Texas Pyramid Promotional Scheme statute. By the defendants' own admission, they recruited 50,000 participants within six months of their scheme's inception.

Just months after BioPerformance's creation in 2005, the Office of the Attorney General received reports that Mims and Romero were making false claims about their product.

Appearing before standing-room-only crowds at seminars they organized across the country, Mims and Romero touted their products' capacity to significantly increase fuel efficiency and reduce vehicle emissions. At the seminars, the defendants' true purpose was to recruit product resellers who were charged several hundred dollars to join the scheme. Those newly minted resellers were subsequently instructed to recuit additional resellers and thus create a "downline" from which they could derive commissions.

BioPerformance's extensive Web site made similar unsubstantiated claims about product's capabilities, often referring to it as a "top secret formula" that was only available through company resellers. The site also reiterated defendants' sales pitches, promising potential resellers that selling the pills and recruiting others to do the same would reap them substantial fortunes.

To aid its investigation, the Office of the Attorney General retained respected scientific experts whose chemical analysis not only revealed that the defendants' pills did not significantly reduce fuel consumption, but also exposed naphthalene, a substance also used in moth balls, as their main ingredient. Although the defendants claimed that the pills were "non-toxic," "good for the environment," and "extremely safe...in all aspects of use," naphthalene is a toxin.

The State also determined that BioPerformance resellers credited with recruiting additional downline sellers were paid substantially higher commissions than were those who actually sold the company's products. Such a marketing and recruitment scheme is often indicative of a pyramid scheme.

Further evidence of a pyramid scheme was provided by Romero, the company's Vice President and Co-Founder, who admitted to selling BioPerformance for as much as $50 a bottle, despite its comparatively low $4 manufacturing cost. The defendants' dramatic markup on their worthless product, coupled with their downline marketing strategy, indicate they were organizing an elaborate, illegal, and unsustainable pyramid scheme.

In the coming weeks, the Office of the Attorney General will review consumer complaints and other data to determine how it will administer the resources available for consumer restitution. Consumers with questions or who wish to file a complaint can call 1-800-252-8011 (for callers within Texas) or (512) 463-2100 (for callers outside Texas). Complaint forms are also available online at www.oag.state.tx.us.

Updated BioPerformance EPA Test Results

I find it interesting that they don't really list any results for improvement of fuel economy.

BioPerformance Settles with the State of Texas

January 23, 2007, Dallas , TX.  BioPerformance, Inc. today entered into an agreement with the State of Texas which provides several million dollars for the State of Texas to make restitution for any existing issues of customer satisfaction and opens the door for the marketing of BioPerformance Fuel very soon.  BioPerformance Fuel is an additive designed to increase fuel economy and decrease emissions.  Recently completed testing of BioPerformance Fuel by an independent laboratory using the Federal Test Procedure (FTP) and Highway Fuel Economy Test (HFET) protocols of the Environmental Protection Agency (EPA) in a group of vehicles established a reasonable degree of confidence that the product gives a real improvement in fuel economy and reduction in harmful emissions. (The laboratory report is attached).  News reports show that the EPA has previously tested more than 100 other fuel additives under its FTP and HFET protocols, with no demonstrable positive results.  The company believes that BioPerformance Fuel is the first fuel additive proven effective by an independent laboratory under the EPA’s strict protocols.

BioPerformance today announced: “We are extremely pleased to be putting behind us the action by the State of Texas .  We also are very pleased with the test results obtained so far.  Distributors may expect to resume marketing the product soon.

“Several months ago, BioPerformance Fuel was the target of numerous media reports challenging its effectiveness.  We believe these reports relied on the evidence of under-informed ’experts’ or ineffective or non-existent testing. To our knowledge, none of the reports were supported by tests comparable to the Federal Test Procedure and Highway Fuel Economy Test protocols used by the independent laboratory in its recent testing of BioPerformance Fuel.”

In its agreement with the State of Texas , BioPerformance specifically denied any wrong-doing. However, BioPerformance reports: “It is important to ensure that the product and sales program meet all lawful requirements so that all of our energy can be devoted to helping consumers save gas and reduce pollution.”