Abbott announced a lawsuit against the maker of the pill, a day after a News 8 investigation revealed the pills that may actually increase fuel consumption and that those who had signed up to sell the pills found the scheme to be a scam.
The pills are dropped into vehicle gas tanks with the promise of drastically improved mileage at a time of skyrocketing fuel costs, but Abbott said they are merely the same chemicals used in mothballs and toilet bowl deodorant bars.
If found in violation of state deceptive trade laws, the owners of BioPerformance Inc. could be fined $20,000 per violation.
"It's natural for people to look for ways to save money," Abbott said. "Sometimes, scammers come out of the woodwork."
Dallas-based BioPerformance and owners Lowell Mims and Gustavo Romero of Irving could not immediately be reached for comment.
A telephone message was left for Mims at Lowell Mims Ministries. The BioPerformance Web site says Mims is an internationally known evangelist.
According to the lawsuit, the company makes money by getting consumers to purchase in bulk, then sell the pills to others. The company has hosted seminars throughout the state to find new customers.
The company Web site says "area managers," who buy in with 13 bottles for $499, can earn up to $730,000 a year. It also boasts that 1,000 new customers are signing up every two days. The company claims about 4,500 members in Texas.
The company says users can see a 25 percent or higher improvement in their gas mileage and that it has tests to support the claims. The bottom of the Web page also includes a disclaimer that results and earnings results may vary.
Abbott said his office investigated after getting complaints and tested the pills at the University of Texas.
Ronald Matthews, a mechanical engineering professor, said he studied the chemical compound of the pills last week and found them to be mostly naphthalene and high molecular weight alkanes, which he said are worthless to improving gas mileage.
Abbott said he didn't know if the chemicals would damage a car engine. Matthews said he will conduct engine tests later this week.
WFAA ABC 8
Bioperformance pills have no impact on gas mileage, Attorney General Greg Abbott said.
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