Summary
Maintenance Phase examines Metabolife 356, a 1990s diet pill containing ephedra that generated $1 billion in sales while causing 81+ deaths. The episode traces how deregulation via the Dietary Supplement Health and Education Act enabled the product's dangerous marketing, and how founder Michael Ellis's criminal past in methamphetamine manufacturing preceded his entry into the supplement industry.
Insights
- Deregulation of dietary supplements (DSHEA 1994) created a regulatory vacuum allowing companies to make unproven safety claims and avoid FDA approval processes entirely
- Ephedra products caused 45% of all adverse dietary supplement events while representing only 5% of supplement sales, demonstrating concentrated risk from a single ingredient
- MLM distribution models combined with unregulated products create dual exploitation: distributors recruit networks while consumers face undisclosed health risks
- High-profile athlete deaths (Steve Belcher, 2003) proved more effective at driving regulatory action than years of FDA data showing 81+ deaths and 1,000+ adverse reactions
- Supplement companies used aggressive legal tactics (defamation suits, private investigators) against journalists and scientists reporting on adverse events rather than addressing product safety
Trends
Regulatory arbitrage: Companies exploit gaps between drug and food classification to avoid safety testing requirementsAstroturf lobbying: Supplement industry funded fake grassroots campaigns (Mel Gibson ad) to frame safety regulation as government overreachLabel inconsistency: FDA testing found active ingredient variance of up to 130% across brands, with most containing less than advertisedLitigation as defense strategy: Companies sued media outlets and researchers rather than reformulating dangerous productsMLM as distribution moat: Direct sales model enabled rapid growth while obscuring product dangers from mainstream retail oversightBipartisan regulatory capture: Both Democratic and Republican legislators received major campaign contributions from supplement companies (Herbal Life donations to Harkin and Hatch)Delayed FDA action: Despite 81 deaths and 1,000+ adverse reactions by 2002, FDA didn't ban ephedra until 2003 following athlete deathRebranding post-ban: Companies reformulated with ineffective ingredients (green coffee extract) to maintain market presence after ephedra prohibition
Topics
Dietary Supplement Health and Education Act (DSHEA) regulatory frameworkEphedra alkaloids and pseudoephedrine health risksMulti-level marketing (MLM) distribution models in supplement industryFDA adverse event reporting and regulatory enforcement gapsCampaign finance influence on supplement industry deregulationLabel accuracy and quality control in dietary supplementsMethamphetamine precursor regulation and supply chainDefamation litigation as corporate defense strategyAthlete deaths and sports medicine supplement safetyTax evasion and financial fraud in supplement companiesPrivate investigator use against critics and researchersCaffeine and ephedra synergistic cardiovascular effectsChinese herbal medicine marketing and rebrandingPatriot Act inclusion of pseudoephedrine restrictionsBankruptcy and asset liquidation of supplement companies
Companies
Metabolife
Primary subject: 1990s diet pill company using ephedra that generated $1B in sales while causing 81+ deaths
Herbalife
MLM supplement company cited as predecessor model; major campaign contributor to DSHEA sponsors Harkin and Hatch
Slim Fast
Competitor weight loss product; Metabolife accused scientist of bias toward Slim Fast in defamation campaign
FDA (Food and Drug Administration)
Regulatory body that tracked 1,000+ adverse reactions and 81 deaths before banning ephedra in 2003
National City Police Department
Employer of co-founder Michael Ellis before his meth manufacturing conviction in 1990
Columbia University's St. Luke's Roosevelt Hospital
Employer of researcher targeted by Metabolife's private investigator campaign for questioning product safety
ABC News 20/20
News program that aired critical segment on Metabolife; company spent $2M on counter-advertising campaign
New York Times
Published 1999 coverage of ephedra product testing showing 130% variance in active ingredient potency
IRS (Internal Revenue Service)
Investigated and raided Michael Ellis's home for $93M in hidden income over four years
Department of Justice
Launched criminal investigation into Metabolife executives in 2002 regarding knowledge of product dangers
People
Michael Ellis
Former police officer and methamphetamine manufacturer who founded Metabolife; sentenced to 6 months for lying to FDA
Michael Blevins
Co-founder who recruited distributors from prison; returned to prison on gun charges during company's legal troubles
Tom Harkin
Democratic co-sponsor of DSHEA; received hundreds of thousands in campaign contributions from Herbalife
Orrin Hatch
Republican co-sponsor of DSHEA; received hundreds of thousands in campaign contributions from Herbalife
Bill Clinton
Signed DSHEA into law in October 1994, enabling supplement industry deregulation
Dr. Gurley
Tested ephedra products and found active ingredient variance of up to 130% across brands
Steve Belcher
23-year-old athlete who collapsed and died in 2003 after taking ephedra supplement; high-profile death triggered FDA ban
Michael Compton
Admitted to cooking books and hiding $93M in income at executives' behest; died by suicide after story broke
Aubrey Gordon
Co-host of Maintenance Phase podcast analyzing Metabolife's history and regulatory failures
Michael (Mike)
Co-host of Maintenance Phase podcast analyzing Metabolife's history and regulatory failures
Quotes
"The problem is I literally don't know what metabolism life is. Is it a shake? No, it's a pill. It's a diet supplement."
Host•Opening
"You don't know that what they put in there is what they said they put in there. Yeah. You don't know that it's not contaminated with something like lead. Yeah. You don't know that it is as potent or as non-potent as they say it is."
Host•DSHEA discussion
"As a consumer and a pharmaceutical scientist, it was an eye-opening experience. He said, you can't trust what's on the label."
Dr. Gurley (quoted)•Product testing segment
"I guess everything else just made me look too good to air."
Michael Ellis (from book)•20/20 interview discussion
"It is functionally almost complete deregulation of the supplement industry."
Host•DSHEA explanation
Full Transcript
What do you have? I'm not tagging a thing! I was hoping I could just finish and you wouldn't notice. You thought I would notice? The problem is I literally don't know what metabolism life is. Is it a shake? No, it's a pill. It's a diet supplement. Ah, okay. Um, hmm, the podcast. I can't explain storing these here's how many weeks of thinking about that. I've been doing more than a month. I could have googled at any moment. Okay, tell me this is problematic. Welcome to maintenance phase. The podcast that will help you lose 10 pounds, but you will be grinding your teeth for days. Honestly, yeah. Is that the twist of the episode that I spoil it? You locked out. Because it's methamphetamine. I'm Aubrey Gordon. I'm a gohops. If you'd like to support the show, you can do that at patreon.com slash maintenance phase. Oh, the tiny repeating machine is back. Uh, or you can subscribe on Apple Podcasts. It's the same audio content. The audio content. The audio content. Michael Aubrey. Today we are talking about one of the most popular diet pills of the sort of Y2K era, nine is into Y2K. Okay. The name of it is metabolife 356. Wait, are they wrong about the number of days in the year? No, that is exactly the thought that I had every time I saw the fucking name. Mike, I was like, do you mean 365? Do you mean every day? Do you mean metabolife every day? Is that because you get nine cheat days? Though I do think you're doing it in the next six days. No, it's one month. You can just go nuts. 356 was the number that the lab assigned it when they were formulating it. If the name of the founder, John 356. We are beginning our story in the mid 90s. By this point, the 80s and 90s sort of fitness craze has grown into a massive industry. This is the era of buns of steel, of stop the insanity, of sweat into the oldies. This is also a time when the popularity of MLMs are on the rise. At this point, the burgeoning wellness industry is championing supplements and vitamins become much more widely used. They sort of move from like a thing that crunchy granola hippies do to a much more mainstream thing. This is when we get Flintstones vitamins and that kind of thing, right? Yeah. And anxieties about weight are on the rise, mostly in an individual way at this point and in sort of a cosmetic way. Yeah. So Michael, I'd like you to imagine this with me. It's 1994. You're watching TGIF and between an ad for slim fast and maybe like a bopet. Are those snap bracelets that killed like 3,000 children? Yes. You see this ad. With drug abuse spiraling, the federal government has created special units to combat, but they believe could be a more serious problem. It's like soldiers like tooling up, like getting their gear together. Yeah, it looks like a seam from heat. Yeah. Yeah. Yeah. The action is the juice. Okay, they're breaking into a house. They're like swat teaming into this like giant They're disarming the security system. There's some night vision footage. It's all very serious, very osama bin Laden. Freeze, drug and force. Ah, oh, oh, God, hey, it's only vitamins. What the hell? It's only vitamin. The FDA is conducting raids against natural vitamin users, but vitamins are not drugs. This harassment must stop. Vitamin C, you know, like an orange. Protect your right to use vitamins. Call Congress now. What? Okay, this is a bizarre ad. So they're breaking into a house, the swat team going in and then it's Mel Gibson. Jump scare. Gremlin surprise. It's Mel Gibson. In the kitchen, in a bathrobe, like I guess putting vitamins in his water or something or like taking a vitamin and they like, they're arresting him. Putting vitamins in his water. Or like whatever. I don't know it. Do you know how vitamins work? Too early for this. And brain is on a wake, yes. Listen, it's 10.20 am. All right, all right, all right, all right, all right. Unmasked me. But it's like, they're basically lying to you here and creating a scenario that I assume does not actually exist. No, not one single solitary case that I'm aware of if anyone's house getting broken into for possession of vitamin C. Yeah, vitamin fucking C, which has been on the market for like many decades at this point. This is an ad that is bankrolled by the supplement industry designed to astroturf the idea that supplements are over regulated and that the government is on the precipice of some really perilous overreach, right? Yeah. There's a little bit of backstory here. In the 80s and early 90s, Congress had considered a number of bills that would have increased FDA oversight and requirements of supplement manufacturers. One of them would have standardized labeling for supplements and would have required ingredient disclosures at like a more detailed level. Oh, tyranny. That's actual government tyranny. No one was talking about raids. No one was talking about confiscating supplements. No one was talking about charges for possession of supplements. Yeah. They were talking about a label that tells you what's in it. It's so funny, like, if our case you're just whole fucking thing is like pushing back, it's like the conspiracy of big pharma and stuff, but it's like the supplement makers are such fucking scammers, dude. Yep. They don't even have to have fucking vitamins in their vitamins. They can just tell you anything. Those sort of coordinated lobbying efforts in the industry first really bore fruit with the passage of the Dietary Supplement Health and Education Act. Wait, Deha, Dehia? I've been saying D-Shay. D-Shay away as they always say when you post records. They're talking about bug relations. The Dehia recategorized dietary supplements as food instead of drugs. Okay. So it was drafted primarily to do one thing to define dietary supplements and exempt them, not only from the FDA's drug approval process, but from an FDA approval process at all. So supplement makers do not have to prove that an ingredient is safe before taking it to market. Love this. And it meant that the FDA could only restrict a supplement ingredient if it posed a quote significant and unreasonable risk if used as instructed. So the whole point of the law is like give the FDA less power over this. It is functionally almost complete deregulation of the supplement industry. Yeah. You don't know that what they put in there is what they said they put in there. Yeah. You don't know that it's not contaminated with something like lead. Yeah. You don't know that it is as potent or as non-potent as they say it is. You're just trusting Gwyneth with your long term health. And Gwyneth is the best case scenario honestly. It was signed into law by President Clinton in October of 1994. D. Shea was co-sponsored by Tom Harkin, a Democrat from Iowa, and Orrin Hatch, notorious trash can, Orrin Hatch, Republican from Utah, one of the longest serving. Trash cans. Trash cans. Yes. Congress for both Harkin and Hatch, both the Democrat and the Republican, one of their largest campaign contributors for both of them was previous maintenance phase subject and weight loss super MLM, herbal life. Oh really? Hundreds and hundreds of thousands of dollars. What was the like stated argument for this? That supplement makers should be able to like do what they need unencumbered by government uh incursion. It's just like hollow anti-regulation. Yeah. They should be free to innovate and blah blah blah. It's like general. God. Deregulation. And it's like 1994, right? So we're like coming in hot off of Reagan and HW Bush. But think about think about how much less often Mel Gibson is getting rated in his home for having a vitamin supplement in the middle of the night. This is the other thing that I do want to say about the fucking Mel Gibson ad is like that is also indicative of how much fucking money they had. Mel Gibson was arguably the biggest movie star in the world in 1994. Yeah. And they are hiring him for a TV ad. That in itself you should call Congress and be like whatever they want don't give it to them. These people have too much fucking money. Listen sugar tits. Yeah. So this is the environment in which the tablaife goes to market. Okay. It was a multi level marketing company that like herbal life before it sold herbal weight loss supplements quote unquote. That's always a good sign when like you can't buy it at a store or from like a normal place. You have to like call up somebody and like their website doesn't say what they do or what it comes. That's how you know it works. When a friend from high school asked you to sell it. It was started by Michael Bleven's and Michael Ellis two dudes from the greater San Diego area who had been childhood friends. Did that gaze are they? I'm not going to be mad at you. No, they're not homosexuals. Because then I would have to support it. Especially if they were under five eight. You just start yelling representation matters. Short gay michael's I'm sorry. At the time that the dietary supplement health and education act passes. Ellis is bouncing around from one job to another. He reportedly worked for a time as a chauffeur, a real estate agent, and a private investigator. Oh no. Oh no is correct. Michael. I'm just like red flag red flag. Again, there are two co-founders. There's Michael Ellis and Michael Bleven's. Michael Ellis went on to write a book about tablaife. And he also became the face of the company. So we're going to focus more on him because we've heard more from him. In the book, he writes about a couple of his prior jobs in the 1980s before founding Metabolife. The first is as a police officer for the National City Police Department near San Diego. Okay. He writes at some length about how competitive the application process was that there were 300 applicants for three open jobs and that he made the cut. Okay. But he also says he just needed the money and that quote, a job with a gun sounded interesting. Good. Cool. You had me at I wanted a gun. Yeah. I want to buy your weight loss supplements. I'm already in. When he talks about the neighborhoods he policed, it is also not great. He has long passages about how run down the streets and buildings are. Nice. He goes on at length about the scourge of street gangs that are predominantly Latino on one of those calls to the quote unquote gang banger war zone. Nice. He ends up chasing someone who he says starts threatening to stab him and his partner with a screwdriver. Okay. Michael Ellis goes on to shoot this person who collapses and stops moving. According to Ellis, this young man is permanently disabled as a result. Is he telling this is like like an Inahero story? This is his story of being like, this is how I learned being a cop was not for me. But it's very odd that in the book, he only really talks about the impacts on his own emotional state. Right. It doesn't really grapple with like the life this dude could have lived or the effect on his family or the implications for the community. There's no existential anything. It's like, I shot them when I felt really bad and I didn't want to feel bad anymore. I can't believe a pathological individualist would go on to sell weight loss supplements. In 1990, after leaving the police force, Michael Ellis faces drug charges. By what? So he was charged because he had rented a house for the express purpose of cooking meth in it. My meth joke is true. Your meth joke is so much truer than you realize. Wait, he's literally cooking fucking meth and then he goes out to sell a weight loss pill. He and Michael Blevins, his future co-founder, rented a house, hired a cook, and attempted to make meth. They hired a meth cook? They hired a meth cook. You hire a meth cook? Ready to add on Craigslist? It sounds like he was like, Neither one of them was very good at being a drug kingpin. Ellis rented a house that the owners were trying to put on the market. So they kept getting things set up to cook meth and then they'd get a notice from the landlord that like, hey, some buyers are coming by and they're like, I'm gonna blank it over the meth lab. There's like, dismay. Put it all away. That's like a sitcom version of Breaking Bad. You gotta hide the meth lab again. It's just heisenberg shrugging and looking into the camera like, Dude, that's so funny that like he couldn't even cook the meth himself. He had to delegate it. He like, it was such a calculated plan. Like, I'm gonna be a meth kingpin. That he like hired it. It's like opening a bakery or something. Well now I have to hire some bakers. To their credit, both Clevans and Ellis turned themselves in and pled out. So the cops eventually found them and then they were like, yes, we did this and then got a plea deal. Again, this is a place where we don't have digitized records of other reporting from the time so much. Wait, so in his book he says, for no reason. He just marched into the police station and said hello. I'm cooking meth. He was like, we had a conversation about it. We decided it was the right thing and we wanted to be like, upstanding guy. So we turned ourselves in. There's a guy in the back of my way. No. A couple of fucking San Diego dirt bags or turn them up. It's not like, absolutely not. Absolutely not. Excuse me, officer. Excuse me. I stole something yesterday. I just want to let you know that I broke the law so you can punish me. I cannot tell a lie. Yeah. He must have gotten caught. Michael Ellis is sentenced to probation and Michael Plevins is sentenced to prison as the guy who hired the cook and transported the meth. So while Michael Plevins is in prison, Michael Ellis starts Metabolife. Okay. He's like, with my experience in meth, I went into diet. Some of them said, yeah, correct. So the story that Michael Ellis tells about this sort of in the press throughout and in his book is that he developed Metabolife while his father was undergoing cancer treatment to help him combat fatigue and negative symptoms. Does he have any background in chemistry or any? No. He's like a random guy. He's a cop, a chauffeur. Yeah. He was, I mean, like, I developed a, how would you even do that as like a random civilian? He doesn't say. Yeah. In 1992, he starts selling it. Initially, he starts marketing it as a bodybuilding supplement at gyms in the sort of golds gym era. And it's a weight loss thing or it's a muscle building thing. Right now, he's saying it's a muscle building thing. Oh, that doesn't work. So he goes, it's for weight loss. Those are opposite things, which is very funny. One of them helps you put on weight. The other one helps you take off weight. Correct. Yeah. The active ingredient is marketed as Mahwang, a Chinese herbal supplement. That's true. That's an actual herb. That's an actual herb. Metabolife uses Mahwang as an appetite suppressant, but historically in Chinese medicine, it was used as a cold remedy. Okay. The historical herbal use of Mahwang is to make a tea out of the leaves that are not distilled down and crushed into a capsule and all of that kind of shit. Metabolife distributors are telling you to take this every day. Right. That's why I take muesa necks every day to make me feel a little bit healthier. Right. It would be like, if you were like, I'm taking nightkwill every fucking day of my life. This is also, it's such, it's so funny thing back in this time when you could just say, like, it's an ancient Chinese ingredient and everybody like, whoo. That is the entire herb life model, right? Yeah. And the entire Metabolife model. We now have two MLMs that are just like doing the full, like ancient Chinese secret fucking bullshit. Totally. Metabolife distributors tell really extraordinary stories about its effectiveness in weight loss, eating whatever you want, still losing weight. Amazing. Wow. I feel incredible. They also brag after the passage of the D. Shay, they advertise that we're the only weight loss supplement that's lab tested for safety. Oh, what? But also they can just fucking say that because there's no regulation. They can just fucking lie. Yes, correct, correct, correct. And you called it, it's both Mahwang 12 milligrams of Mahwang in a Metabolife capitol, and 40 milligrams of Guarana concentrate. That's caffeine, baby. Wait, is that Guarana? So it's about one espresso shot worth of caffeine. Okay. As the business is getting started as an MLM, Michael Blevin's, he who is in prison, starts recruiting distributors in prison. Oh, wait, really? Use your networks, baby. Get those Facebook messages out. I had real conflicted feelings about this. It's an MLM, so it is garbage from top to bottom. They are selling a product that is garbage from top to bottom. And also famously, the people who make money in an MLM are the first people to get in the door. So in this case, the prisoners got like rich off of it. They're like the first 10 people. So I was like, is this redistribution of wealth? No, they're recruiting from their fucking networks. Yeah, yeah, yeah. They're fucking over people that they know. And the first 10 prisoners might make money, but the next 90 prisoners don't. Once Metabolife launches as a weight loss supplement and as an MLM in 1995, the business grows really big, really fast. In the first couple of years, it's profits. It's already turning a profit in the millions. Now what? In the first like two years. In 1999, just four years after the launch, they report $1 billion in sales. I guess they just got in early after this law got passed. There's probably like a vacuum that they were able to fill and just making these insane health claims before essentially everybody started doing that. It was a crowded market. Yes. And it's not the only one using Ma Wang. It's one of the most popular ones, but it's not the only one. There are also brands on the market. You may remember these. I definitely do Zenadrin EFX. No. Hydroxy cut. I may even take on that one for a while. And one called and I quote, herbal ecstasy. It'll make you lick someone else's face, but it's herbal. Wait, I'm looking at Google. I want to see their logo. It's bad. At this time. Oh, it's so bad. The tabo live, it's like bright yellow. And there's like seven different fonts happening. There's like a little gold seal. Yeah, yeah. The font and it just says diet in the global formula to enhance your. And then it's like the font goes up like 50 sizes and it says, diet. Oh, and provide energy. Astros, Astros. Yeah, super. Super small print. All of these brands also get a big boost in 1997. A big windfall from the release of Entrapment, starring Catherine G. Jones and everybody wanted to look like her. Sneak into those lasers. Later, little lasers. No, the boost they get in 1997 is that FENFEN has pulled off the market. Oh, right. So FENFEN, Miracle Drug that stopped people's hearts. And the thing that we have done a previous episode on, if you would like to know that story, go back and listen to the FENFEN episode. It is kind of a miracle that with a single pill, you can stop your heart. Yeah. You're the most powerful. You're the most powerful. So amazing. That winds up being quite a boon to the industry, right? You've got all these people who are on FENFEN who are really dejected that it's like off the market because it didn't stop their heart. What the fuck? Yeah. And they're looking for something else. And actually, these things you can get cheaper and at the gas station. You don't even need to get a doctor involved. You can get it from your neighbor. Yeah. So these are now some of the biggest sort of like, pill makers in the country, right? And they have a bunch of fucking money. So their ads are all over TV. Yeah. So we are going to watch a Metabolife ad from 2000. Fuck us. You want to buy some? What's up with this? This is an laboratory test for safety. No. What a cheaper. How about some a tablet that? Does it have the same for proprietary herbal blunders with tablet like 356? No. For the scot all say herbs. I don't think so. Well, what about a watch? What about a watch? Don't be fooled by a Metabolife. This number one for a reason. Laboratory tested for safety and clinically sure is available for weight loss. Only available through Metabolife retailers and distributors call up for the location nearest you. So for the listener, what is happening is that there is a guy wearing a trench coat who opens his trench coat and it's lined with like fake bottles of Metabolife. He's up late at night, like meticulously sewing the extra pockets into his trench coat. He's like, I got to be able to open the flap. This drug dealer has dedication. Yeah. So they're doing this weird thing where they're like implying that their competitors are like a shady and be like drugs and they are not drugs. It's so funny for them to complain about like fly by night. The underfit producer. Yeah, they're like, take it from us. A fucking cop who disables someone, but also a guy who doesn't cook the meth, but does hire the guy who cooks the meth. Because you just made this up too. You're just like, you're just as much of a drug dealer. There's people selling counterfeit in the tabolife. Well, Michael, the drug dealer plot thickens. Because the active ingredient, ma huang, is better known in English as a Fedra. Wait, what's a Fedra? A Fedra is the name for the plant. The plant has sub compounds called alkaloids, called a Fedrin and pseudo a Fedrin. Oh, that's the meth shit. That's the shit you can't buy with that idea anymore. Yep, correct. Dude, that's the shit whenever you're sick. If you get like, what is it called? Musin X Part D or some shit? It's a full on crack cocaine. It's like the shit that you have to go to the store and like ask for the thing behind the counter. I did this once because the suggested dose of what if for is two of them. And I was like, I've never taken this before. I'll take one. I felt like I could like lift a fucking Volkswagen. Yes. I'm like, they tell you to take two of these fucking things. So for Americans who bought cold medicine before like the mid 2000s, you will recognize the brand name Sudafed. You can still get it. It's behind the counter. Yeah, yeah. It's short for pseudo a Fedrin. That's what it was. Yeah. In addition to its Chinese medicine use as a cold remedy, it was also used in the US for the same purposes. Until the 1980s, the Fedrin was an over the counter cold and allergy medicine. Yeah, better clear that your fucking sinus is. Your heart is beating like 300 times a minute. Yeah. So a Fedrin does in fact constrict your blood vessels and speed up your heart for people with asthma. That means that it helps reduce the swelling in their airways and can genuinely be helpful for respiratory stuff. But it was ultimately banned by many, many states because of the safety risks and the risk of dependence. And it was also the basis for cooking meth, right? Yes. Sudafedrin as one of the sort of sub compounds was absolutely like a key ingredient in cook and meth, which is what ultimately got Sudafedrin banned. That's why you have to show your ID because you can't just go into the storm by like 300 packets of it because then they assume you're cooking a shitload of meth. And I believe it's not sold in the EU at all anymore. There was like a high risk of dependence. Yeah. There are major safety risks for selling something over the counter that speeds up your heart. Yeah. So I'm kidding. And so I only took half the recommended dose. What if you took twice the recommended dose? I mean, you could, it felt like you could like really hurt yourself. I was like, as soon as I took it, I was like, why is this legal? You know, we mentioned that this is predominantly used as a respiratory thing in the US, in the 80s. I will say that they honest to God learned about the weight loss effects of a fedra during asthma research. So they're doing some research into the effects of a fedrin on asthma. And the researchers are like, man, these asthma patients are getting real skinny. They're tripping balls and they're like fighting, like biting each other all the time. But look how trim they are. Very svelts, skinny many. God. On the less intense end, a fedrin users can experience jitteryness, anxiety and insomnia. Yeah. On the more intense and fedra does increase your heart rate. It does increase your blood pressure, which in turn can lead to cardiac events, stroke, all kinds of acute and really scary things. And on top of all of that, a fedrin users may even experience hallucinations, seizures and psychosis. Nice. Also, there are people with a fedra allergies who might experience like they're throat closing up. Right. Like that kind of thing. And on top of all of that, a fedrin like the methamphetamine that it is then used to make, people can develop a tolerance really quickly to a small amount. And they need to up their dose. So very quickly in order to get the same effects, people have to take more and more and more. And then you're talking about long-term health, inside effects and everything else. Yes. You rebrand this thing that is just like a pharmaceutical. You rebrand it as like ancient Chinese medicine. People think they're taking something like natural and herbal, but I mean, everything is naturally think about it. There are lots of parts of the natural world, not to get all verna hurtsog on it. But like, there are lots of parts of the natural world that aren't trying to kill you. It's all just marketing to be like, oh, it's mahuang, it's very natural and ancient. It sounds like it just fucking drugs. You're just like taking drugs. Yes. And the ingredient listed on Metabolife isn't just mahuang, it's mahuang concentrate. Right. So it's just like, it's a fucking drug. You're taking suit of head. Yeah. You're taking a fedrin. Also, also, didn't you say earlier that Metabolife is mahuang and caffeine basically? Right. So research found at the time that the combination of a fedrin and caffeine marginally increased weight loss over a fedra alone, right? Well, yeah, probably fucking hell. Yeah, you're a crack. But caffeine like a fedra also increases your heart rate and your blood pressure. It also increases the likelihood of those side effects. And particularly the like vascular and cardiac effects. Right. So adding caffeine to this is really like pouring lighter fluid. Yeah, totally. Yes, excited of it. Right. And also this is something that you would want on like a warning label of like this is habit forming. You can fucking overdose on this stuff. And you can overdose on caffeine. Yes. Again, this is like the perfect argument for the fucking FDA to regulate this shit. Michael, leave me with my paneroleminating piece. Yeah, exactly. You can like really hurt yourself. So unsurprisingly, knowing all of this, adverse reaction reports started to roll in with just within just a year or two of Metabolife's launch, right? Metabolife comes onto the market as a weight loss supplement in 1995. And by 1997, there is this massive wave of adverse reaction reports. It's like I only lost three pounds and I murdered my entire family. She's terrible. Normal. So the early adverse reactions that come in show reports of sudden hypertension in people without existing cardiovascular conditions. As with herbal life, before it, a lot of people didn't report their adverse reactions, right? Some assumed that because it was listed as herbal and because Metabolife touted that they were lab tested for safety, that it couldn't hurt them. So they didn't think to report that. They're just like, we're mystery hypertension, right? Others assumed that their weight already put them at ill health. So they believed their weight and not medication. Again, Metabolife is launched in 1995. By 1996, multiple states are already proposing full or partial bans on a Fedra. It's cracking crack. It's crack. When FendFendFend is taken off the market, it's September and just immediately thereafter, a Fedra supplements like Metabolife start marketing themselves as quote unquote herbal FendFend. Yeah. By November, two months later, the FDA is already issuing official warnings about a Fedra use and the dangers of a Fedra. Man. Still, the product continues to grow. The business continues to grow. And by 1999, the FDA reports over 1,000 adverse reactions. Man. And 35 of those are deaths. Oh, wait, what? People died? 35 people have died in four years. That the FDA is cracking. What? Yes, correct. How do we pull a FendFend? And we didn't pull this shit. This is fucking crazy. So of course, this leads to a wave of lawsuits. There are class action suits from consumers. There are suits from distributors, many of whom are also consumers. Yeah. But there are also lawsuits from Metabolife. Wait, what? They start suing people. Wait, who? So as these adverse events grow and more states consider bands on a Fedra, so too does the negative media coverage? As it fucking should, right? And when these negative news stories crop up, Metabolife often file suit for defamation. Ha! And again, great sign that you're running a real business. You're selling a useful product to people. In his book about Metabolife, Michael Ellis writes about this wave of lawsuits and his reactions are nuts, oh? Send a sentence! Send a sentence! No, send you a quote in a minute, but just as a preview, He has a passage and he talks about his power combo to prep for depositions. Is it like seven Metabolites? It's a bunch of Metabolites pills and dip. Gross. Gross, he's like spitting into the cup in like a little room. He's for a lot of people. Sorry young girl listeners. Dip is like Zins, but without the like teabag. So gross dude. He does talk in the book about how much dip you can put in your lip without it showing up on camera in the deposition video. He's like spitting out like with the brown liquid coming out of his mouth. Um, he talks like he's like I would check my lips sometimes and feel if there was like a bump. No, we're good. Also think about how psychotic you would feel if you're also if you're on caffeine and like dollar store meth and fucking tobacco. Your little heart is just like a little shrew like right. I imagine the effects being somewhere on the cocaine spectrum. I would not want to give it a dip position in that state. Disaster. So I'm going to ask you like what's your address and you start talking about your screenplay idea. So I just sent you a little passage from the book of him talking about his attorneys and depositions. I'm going to add little spitting sounds. No, no, please don't. Yeah. A couple seconds. Don't like it. He says most of the attorneys I've met in my long string of legal battles fall into one of two categories. Either they work their asses off or they do the opposite of work their asses off. Oh, he's a good writer. Wow, this is just singing. He really paints a picture. The reason they could exist in either of these ways is that they've basically created their own industry. In other words, the legal world is so complex, so convoluted that you now need an attorney for everything from defending yourself against Trump debt lawsuits to filing paperwork at the office. Lawyers just help you get through the fog. A fog they created. Throw in the fear that gets propagated by the justice system and you can't help but want to hire a whole team of lawyers. That's the ultimate job security right there. I know how you're also just like a dick to your own lawyers. Like, oh, what are you for? Oh my god. The way he writes about he's like one of my lawyers real fat. He was real baby Huey. Oh, good job. We're like gross. Yeah. But also he thinks lawyers are grifting. Yeah, I know. I know how dare they. He thinks everyone is grifting all the time. It is a self-justif. Yeah. He's a weirder. Yeah. Right? Yeah. Like, I'm just doing what everyone's doing. Also, lawyers only have ultimate job security. If you're constantly getting sued for people. Right. The reason they have job security is in fact metabolites. Maybe if you sold a product that like helps people or like adds to their life rather than killing them, maybe you wouldn't have this problem. All of that legal activity increases media attention, which publicizes some more troubling aspects of a Fedra products. There's more and more media from more and more outlets. It is frankly too many to sue. Yeah. Yeah. And that includes this 1999 coverage from the New York Times talking to a researcher who tested a Fedra products on the market. That researcher's name is Dr. Gurley. Dr. Gurley said most of Fedra users who become ill can blame their own stupidity for going well over the recommendations on labels. But he and his colleagues have tested the potency of a dozen of Fedra products and found that the amount of active ingredient in some brands varied by as much as 130%. Most contain less of Fedra than the labels claimed, but Dr. Gurley is still troubled. As a consumer and a pharmaceutical scientist, it was an eye-opening experience. He said, you can't trust what's on the label. Yeah, dude, they're varying by as much as 130%. She might be getting 10 milligrams or like 23? Yes. That's huge. Yes. Also the fact that most of them are under what the label claimed is also bad. I mean, it's not like people need more of Fedra. But it's like, yeah, if you're selling 10 milligrams of something you should have fucking 10 milligrams in it. So by the end of the 90s, there's a growing number of adverse reactions, a growing number of deaths, a growing list of side effects. It's not just the sort of jitteryness, the hypertension stuff, it's cardiac events, it's psychosis. And that is when 2020 decides to film a piece about a Fedra and Metabolife. Okay. In 1999, 2020 films 72 minutes of interview with Michael Ellis for this piece. The segment they run is under 15 minutes. And it includes about one minute of Ellis's interview. In the press, Ellis says that the interview felt, quote, more like a deposition. Because you were dipping. Because you guys. A deposition. That's what I call them. I don't get them so much. So he, after the interview, he was like, oh, the fix is in. This is going to be a hit piece. So Metabolife cooked up a wild strategy. You can't think cooked up in this episode. Sorry, sorry, sorry. It's like, zing. 2020 recorded the interview and filled it so did Metabolife. This was like a relatively common practice at the time. Yeah. They were afraid that the edit was going to be unfavorable. So they came up with like a pretty wild and innovative solution for 1999 purposes. They decide to upload the uncut interview on a standalone website. This has become like more common since then, yeah. And then they sink $2 million into an ad campaign buying full-page newspaper ads in the post and the times and TV spots, including some TV spots during 2020. That's actually kind of good, okay? Being like, go to this website and see the full uncut interview. Right. The website, Michael, is televisioninterview.com. What? Do sit on that domain. That domain's probably worth millions. I should also say Michael Ellis's website after all of the Metabolife stuff is like MJList1.com. RealMichaelList.com. When the interview airs, it's focused on Metabolife's claim that it is quote-unquote lab tested for safety. As it turns out and as 2020 reports, their quote-unquote studies have extremely small sample sizes. They have high dropout rates. And in one case, they couldn't account for the contents of the bottles in what was supposed to be a blinded trial. We think we're giving you Metabolife. We're not sure. These math cooks can't do anything right. Ellis in the book writes about the 2020 interview. And his account is bananas. The tone is 100% like the fix was in from the beginning. The chapter title on this scenario is called Heinsight is 2020. Got him. He writes about sort of every aspect of it. He's like, these fuckers are so shady. For example, he talks about like the interviewer from 2020 is getting in makeup for TV. And Ellis is like, who's going to do my makeup? Is there somebody to do my makeup? Oh. The interview is like, no. Okay. And Ellis writes, I get it. I thought he's Kennedy and I'm Nixon. I know, dude, or you could sell a product that doesn't kill people. I don't know. Or you could do that. You have a billion dollars in sale. You could hire a makeup person. You could get some concealer. You could do it. You could go to Sephora. He also says that a bunch of Metabolife staff came to watch the filming of the interview. Okay. And that they burst into applause after filming. Yes. Because Ellis was so good and he made the 2020 interviewer look so bad. Why didn't you put that on your TV? He takes issue with the editing. He's like, we recorded 72 minutes and they only aired one minute. And I was like, do you know how editing works? Yeah. In the book, he writes, quote, I guess everything else just made me look too good to air. Yeah. The entire segment ran for 14 minutes. So in his head, he thought it was going to be a full hour on Metabolife. He's going to be a live interview with you. Just like a verbatim interview. Yeah, like a sitting fucking president. Like a dedicated hour. Although does he say that it's not true? Like they made substantive allegations against him about like the lab testing and stuff. Because ultimately the interview doesn't really matter. If the allegations that they're making are true, then like what is the interview even supposed to fucking say? It's very funny because there are some press pieces that come out after this where they talk to Michael Ellis and they're like, when they said this thing, do you think that was fair? And he was like, who's sure? And they're like, what about this thing? When they made this allegation, was that a fair thing to go after? And he was like, well, that's true. He's like, yeah, our product is not tested. But anyway, there was one incident that he wrote about where I was like, okay, so now he's just lying. So I'm going to send you a passage from his book. He's talking about Mr. Diaz in this. That's the interviewer from 2020. It says, Mr. Diaz, we heard the producer say, would you like to meet Mr. Ellis' mother? Diaz turned around to glare at me. Fuck Mrs. Ellis, he said. And without another word, he stalked away. In one microscopic incident, my mood changed from triumphant to enraged. It took every ounce of my effort not to chase him down, grab him and beat the hell out of him. I mean, who in his right mind would say something like that to an old woman? To a man's mother? For me, Diaz's slight was the turning point. The point when I decided that the media had harmed my family for long enough. From that moment on, I would remain on the offensive. I'd had enough rolling over. When he said, fuck your mom to my face. I was like, that's it. This is a real thing that happened. And I'm super mad about it. Two things. One, I do not believe that this happened. There's no fucking way this happened. And two. And two. When were you rolling over? Yeah. When you were suing TV stations for covering your product? I've also, I've been in situations where someone's like, do you want to meet my friend? Or do you want to say hi to my mom? And I definitely don't want to do that. I'm not going to be like, fuck your mom. Yeah. There's no way. Yeah. There's no way an actual professional in a setting like this would say, fuck your mom. There's no way. The only way that that's coming out of my mouth is if your mom is like Christy Nome. Yeah. So the 2020 piece, as it aired, included some interviews with doctors and researchers who had researched Metabolife. One of those doctors worked for Columbia University's hospital, St. Luke's Roosevelt Hospital. In the piece, he was asked a factual question, which was, did your research definitively prove that Metabolife was safe? He said no. OK. For Metabolife, that was unacceptable. OK. They hired a private investigator. Oh. They dug up some allegations against one of his old supervisors who had been alleged to doctorate research. Metabolife then reached out to 2020 to pass it along and, quote unquote, make sure you were aware. Pretty heavily implying that this doctor was in on the bad acts of his supervisor. OK. They also start calling people at the hospital where he works. They say, again, we just want to make sure you knew that this guy was mixed up in this shit. Like, you're fully just trying to get this guy fired. I also, for this guy saying like a boilerplate thing, did you prove that it's safe? Any researcher would say no, because there's no way to prove that something is safe. Right. That is a factual statement. Yeah. Did one single study prove definitively that any substance was perfectly safe? Right. No. Any responsible scientist would answer it in that way. So on top of that, once again, they take out newspaper acts accusing this scientist of working for a competitor because he had also conducted research separately on slim fast. Oh, what? That's also normal. So they're like, he's trying to fix the market for slim fast. He just wants to look at normal. Right. And so they're arguing that he's like an operative for slim fast who's trying to undercut metabolife success is sort of the implication, right? It wasn't just scientists that they were doing this for it. They were hiring PIs on plaintiffs in their lawsuits. No way. And in his book, he alleges that many of them were fainting disability and fainting their reactions. Oh, good stuff. Good stuff. He was like, they were walking around just fine. They seemed good to me. I saw the pictures. My love of them. Oh my god. So as you can tell, there's like trouble in paradise. All of that media attention leads to more government action. The FDA brings Michael Ellis in for questioning about the negative side effects of their products, which they downplay. And about how many adverse reactions the company has heard about through their customer service line, they say it's in the hundreds that diverges sharply from the FDA's records, which are over a thousand, right? There are congressional hearings. Ellis is called to testify, and he invokes his Fifth Amendment right to avoid self-incrimination. So he shows up, but he doesn't testify. And by 2002, the DOJ launches a criminal investigation into Metabolife. Again, why do these companies still exist? They are trying to determine whether or not executives understood the danger of their product and the risks that it posed to consumers. And by this point, according to FDA records, Metabolife users have reported 95 heart attacks. 69 strokes, 70 seizures, 91 cases of high blood pressure. And 81 deaths. And that is what's reported. Is that bad? Is that bad? Is that bad? Is that bad? Is that bad? Is that bad? Is that bad? Is that bad from a dial pill? From an over the camera dial pill? But how do those people look? But how do they look? Amazing. They like ropey. Still that same year, the same year that the DOJ criminal investigation launches the FDA declines to take action on a Fedra and says that they're waiting for more studies. While all of this is happening, the IRS is also investigating Michael Ellis for hundreds of thousands of dollars of tax evasion. Oh, wow. Yeah, of course. Of course. Of course. So this comes to a head when the IRS raids one of Ellis's houses. And he depicts them in the book as absolute supervillains. Yeah. He has different, like little pet names. He doesn't know the names of the agents who raid this house. One of them has a battering ram. So he calls him Rami. And there's another one who he says he can smell alcohol on his breath. So he calls him drunky. That's not even good. He says that his wife was crying the whole time, which I absolutely believe. If my house got raided, I would cry and then barf and then cry and then barf and then barf and then cry. He writes, quote, when they had finished with the safe room, they searched every other room in the house, beginning with the bedroom, where drunky immediately started rippling through Monica's underwear drawer. What's holding each piece up and laughing? Ooh, he would say, look at this one. I wonder what it cost laughter. All of this happening right in front of my wife. It's like the least reliable narrator we've ever had. One million percent where he's like, woo! Holding up his wife's underwear, I was like, yeah. If these guys are doing raids, they see shit, they is so much more interesting than underwear. Yeah, there's no way. They're not stopping to comment on like this woman has underpants. Ooh, it has a crotch. Yeah. It also really leans into how the IRS agents reading his house were armed. At first that gave me paws. IRS agents with guns is just kind of a wild fucking image. But then I learned what they found in the raid, which was a hidden safe with a million dollars in it and guns. No way. He again had been previously convicted of a felony or he pled guilty to a felony, so he's barred from owning guns. Also a million dollars in cash and a safe is fucking crazy. Here is his explanation. He says, at the time of my conviction back in 1991, I knew that I could no longer possess firearms. So I asked a federal agent friend of mine what I should do with the two handguns that I already had. So I gave my guns to Monica, my girlfriend at the time, explaining to her that I couldn't have access to them, no matter what. She promised that she would keep them away from me. And to that end, she bought a safe that only she would know the combination to. She put several things in there with the guns, including her paper copy of the safe's combination. Oh, don't put it in the safe. Long story short, for the three or four years leading up to the raid, we couldn't access that safe even if we wanted to. So there are a few things to note here. One, he's alleging that everything in the safe was his wife's and that the safe belonged to his wife. What about the million in cash? Hers, according to him. She's frugal. She's very frugal. He is fully throwing his fucking wife under the bus. Although I don't think that's like a useful loophole. Like you do have access to guns, but they're your wives. I don't think that like works. And you bought them. Yeah. And you know that you can't do that. Yeah. And you're married. So everything that is hers is also yours, my guy. Right. Unforged for you. Yeah. As part of the fallout from this, they raid Ellis's home. They also raid Blevin's home. Michael Blevin's goes back to prison on gun charges. He starts the company with a prison sentence. His exit from the company is also a prison sentence. And Michael Ellis ends up going to prison for lying to the FDA. It's actually so weird that he didn't just go to the federal authorities and tell them that he was breaking the law. Because that's like that's what he usually does. So once again, as before, Michael Ellis pled guilty. He was sentenced to six months in federal prison and a $20,000 fine. Wait, what? Six months and a $20,000 fine for a guy who's company made $1 billion in one year. But that's the thing of like convicting people for lying to the FDA or whatever. And it's like the product that he sells is trash. Because the actual problem here is basically this previous law that means that they don't have to label anything. Correct. They are operating within the law, but the law is fucking bad. Yes, agree. Although he dips, I feel like go to jail. Just go to jail for the dip. Just for the dip. Just for your fucking tin of skull. Anytime you have it, if I catch you with it, you're going to jail. It also turns out through this sort of increased government oversight period that the company was falsifying its taxes, cooking its books and concealing over $93 million in four years. Whoa. Okay. They're accountant, Michael Compton admits to federal authorities that he did cook the books at the behest of company executives. No way. And when the story broke about the company's tax evasion, Compton died by suicide. Oh, no way. Michael Ellis writes about this in his book and he goes, it's a real shame. And that's it. That's it. Again, it's not unlike the shooting, when he's at the police force where you're like, whatever. You don't seem to be grappling with this with any level of depth. Yeah. For hiding $93 million, the company is assessed a $600,000 fine. What come on, dude? After Michael Ellis is released from prison, he publishes his book, that's in 2008. I have not told you this whole time what the title of the book is. Okay. The title of the book is The Metabolife Story, Colin, the rape of Cinderella. What? Yes. What the fuck does that even mean? Like, we were a Cinderella story. Oh, and they were raped by the IRS. And our company was raped by the federal government. That is rape. No. It has since, if you look for it now, it's still available as like an ebook or whatever. It now is called The Metabolife Story, The Rise and Fall of an American Success Story. That's right. Or something like that. Like, make it normal. Please be fucking normal. Give it a normal title, dude. Because that title is just like, oh, you're a nutcase. The final straw for a Fedra product comes when there is a high profile death. So far, there have been many deaths from a Fedra products and there is one from a public figure. So in 2003, Baltimore Orioles pitcher, Steve Belcher, heads to spring training in Florida. Since last season, he has put on some weight. So he starts taking a Fedra supplement to lose weight during spring training at 23 years old. Steve Belcher, a professional athlete, collapses and dies. 23. Holy shit. As the reporting comes out about Steve Belcher's death, it comes along with like that reporting is like, actually, this isn't the only Fedra incident for athletes. Another player for the Orioles who had previously collapsed and been found unconscious, then disclosed that he had been taking a Fedra supplements at the time. That's not even the only incident for the Orioles. There are also adverse reactions for Corey Stringer from the Minnesota Vikings, Devon Darling, a nine-banner for Florida State, a college student. Like, the list goes on. There are many, many more. Wild. This is popping up in sports media. So it's no longer like government accountability reporting and it's no longer like quote unquote women's media reporting. It's now getting in front of sports fans who are like, wait a minute, what the fuck? Sorry, what? Wait, how much is the meth that I could go to the store and buy? Right, there's like a big outcry following this death. According to the Nutrition Business Journal, US Fedra sales in 2002 were $1.28 billion. And by 2003, the year that Belcher died in the spring, sales fell to 510 million. Okay, 50% hit more than a 50% hit. Metabolife is trying to defend themselves. You know what I mean? Like they're trying to like, save face a little bit. So they put up a statement on their website about Belcher's death and they're like, he was overweight and he was exercising strenuously in the heat. So don't do that. Everyone who does that dies. Also like, do you not think fat people are taking your weight loss product? Yeah, no kidding, exactly. Do you not think that the people who are taking your weight loss product live in hot climates? And are also exercising their try lose weight? Yeah, Steve Belcher dies in the spring of 2003 and in December of that same year, the FDA finally announces a ban of a Fedra. Okay. At the time that it is banned, a Fedra represents 5% of sales of dietary supplements in the US, 5% of dietary supplements sold are a Fedra, but they are 45% of adverse events linked to any dietary supplement. Wow. Soon after the FDA banned sale of products containing a Fedra, Congress moved to ban pseudo-Afedron because of its role in the manufacturer of black market math. It was first introduced in Congress as a standalone bill that had some, I can't remember the name, but it was like something like the like combating methamphetamine act of 2005 or whatever. Ultimately, it passed as a part of the Patriot Act. Like what? It was in the fucking Patriot Act. You remember how they dropped it at night and it was like a bajillion pages? Yeah, yeah, yeah. This was in the Patriot Act. Dude, we should do one of those sleep casts where we just read federal legislation. So today, many nations around the world ban a Fedra and some also ban a Fedra as a whole. The US bans both and we also track sales of pseudo-Afedron and have moved it behind the counter. Metabolife ended up filing for bankruptcy and its non-Afedra assets were sold to a new owner. The product is still around. Although they wouldn't be a Fedra anymore. Yes, they have reformulated with Dockera's favorite green coffee bean extract. Okay, well at least that's fake and dumb and doesn't do anything. At least it's not like scary. I will say I didn't come to this one thinking that I was telling you a story about money and politics, but like here we are. Yeah. No real move today to repeal the Dietary Supplement Health Education Act. Of course. We clearly have bigger fish to fry as a nation, but it is a bad policy that puts consumers at risk. If not with a Fedra products anymore, then with all manner of other shit that doesn't have to prove that it's safe before it goes on the fucking market. For no upside, for no benefit to anyone. There are supplements on the market legally that are very, very, very hazardous. Or just philons cams. There's something you saw to us. Or philons cams. And you're paying 12 bucks for it or whatever. Or we don't fucking know. Yeah. You should know and be able to know before you take a thing. It's totally indefensible. So Metabolife isn't the juggernaut that it once was, but the system that created it remains. By which you mean they are still raiding the home of Mel Gibson? Sure, sure, sure. Simply for putting vitamins in this water.