A Note From The BioPerformance Attorney

Posted on 25. Jan, 2007 by Ty Tribble in Network Marketing - MLM

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MLM Blog gives boths sides of the story...

The rest of the BioPerformance, Inc. story

Media attention to the announced settlement by the Texas Attorney General in State of Texas vs. BioPerformance, Inc. has unfairly relied exclusively on statements in the AG's press release and video announcement. The settlement was a two-sided agreement between the State of Texas and BioPerformance, yet news sources have not attempted to report on BioPerformance's position - in spite of its simultaneous press release that was circulated nationally. See attached.

The news fact that should catch your attention-and something that was provided to the AG during the negotiations, is that only BioPerformance tested the product in vehicles, and only BioPerformance has independent, scientific proof about the product's effectiveness. See attached. In spite of false and reckless statements by the AG that the product is worthless and is a "do-nothing" pill, the AG never tested the product in vehicles. The bottom line is that actual testing, per rigid protocols for the FTP and HFET tests under the EPA's "Motor Vehicle Aftermarket Retrofit Device Evaluation Program", was performed by an independent laboratory, and those tests demonstrate "real improvement in reducing emissions and fuel savings" based on EPA criteria.

In addition, the AG did not "shut the business down." In fact, the agreement reached with the Attorney General and signed by the Court expressly authorizes BioPerformance, Inc. to continue marketing its proven product. Further, BioPerformance, Inc. argued with the AG for the right to use the funds on hand to make refunds to any of its customers who wanted one, regardless of the reason, but the AG insisted on having his name on the refund checks.

Out of a simple, but fundamental, sense of fairness, is it too much to ask the free press to provide both sides to this 2-sided settlement agreement?

David F. Bragg
Attorney for BioPerformance,Inc.

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