(June 2, 2006)—Texas won a temporary injunction Thursday against BioPerformance, which orders the company to stop marketing its so-called “gas pill” as a product that improves gas mileage.

The court also barred the defendants from access to millions of dollars that Attorney General Greg Abbott says were “wrongly diverted for personal uses from this illegal online pyramid.”

“Today marks a victory on behalf of thousands of consumers around the country who were defrauded by BioPerformance and its owners,” Abbott said.

“This company and its owners spent a lot of time boosting the confidence of their clients' buying power and did nothing to boost gas mileage or performance of vehicles, as they falsely claimed these gas pills would do,” he said.

Abbott filed suit last month against Texas-based Bioperformance, Inc. to stop sales of the green ball marketed as a “gas pill” that supposedly increases mileage when dropped into a vehicle’s fuel tank.

Abbot says the pill is worthless and part of what he says is an illegal pyramid scheme.

Abbott sued the pill maker one day after a San Antonio judge signed a temporary restraining order forcing the company to cease alleged deceptive acts and freeze its assets.

Abbott says the pill contains chemicals used in mothballs and toilet bowl deodorant bars.

If found to be in violation of deceptive trade laws, Dallas-based BioPerformance could be fined $20,000 per violation.

BioPerformance and owners Lowell Mims, who's a minister, and Gustavo Romero of Irving couldn't immediately be reached for comment after the suit was filed, but according to the company’s Web site, the product works and the marketing of the pills isn’t a pyramid scheme.

“BioPerformance Inc. is a product driven company, and only succeeds because our product is, as mentioned, useful, authentic and true,” the site says in a “response to skeptics.”

“Since December of 2005, BioPerformance has a net income of $25 million, solely based upon sales of BioPerformance Fuel,” the site says.

The site promises fuel savings of 25 percent.

But the lawsuit alleges the company makes money by getting consumers to buy in bulk, and then sell the pills to others.

"BioPerformance claims its top-secret gas pills can save consumers big bucks at the gas pump," Abbott said.

"These claims are bogus; the pill does absolutely nothing to improve gas mileage,” he said.

Scientists at the University of Texas at Austin and at a Florida university tested the product and concluded the pills are mainly comprised of naphthalene, the same chemical found in mothballs, Abbott said.

The Attorney General’s laboratory expert concluded the product could actually decrease engine performance.

Click Here For Texas Attorney General’s Web Site

Click Here For Company Web Site

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