MANASQUAN, N.J., May 30-- Cytodyne Technologies, America's leading diet supplement maker, says it vows to appeal Friday's class action law suit ruling by a San Diego, California Superior Court judge who concluded that from 1997 to 2001 the company's advertisements for its ephedra-based Xenadrine RFA-1 diet agent were deceptive. In addition to the verdict, Cytodyne is being ordered to repay Xenadrine RFA-1 consumers in California in the amount of $12,536, 820.00, which the court identified as "money obtained by means of unlawful practice."

CYTODYNE TECHNOLOGIES OFFICIAL RESPONSE TO CALIFORNIA COURT RULING ON FALSE ADS

     *  "This is a tentative ruling.  We will petition the court further until
        Cytodyne has been completely vindicated."
     *  "We continue to firmly believe that our advertising claims are
        truthful and accurate in all respects.  In addition to having
        Xenadrine's efficacy documented through numerous clinical trials, we
        have received thousands of letters from satisfied customers who have
        lost weight using Xenadrine RFA-1 and have significantly improved
        their quality of life."
     *  "This ruling is a severe and inappropriate blow to the First Amendment
        rights of all companies which advertise their products in the State of
        California."
     *  "We believe California's false advertising laws are so lax that they
        literally permit any business that advertises a product to be sued --
        even when, as here, the plaintiff's lawyer doesn't have an injured or
        deceived client."
     *  "Sadly for the consumer, for the most part, the only people who
        benefit from these type of lawsuits are the trial lawyers.  This type
        of suit needs to be foreclosed by law."
     *  "Indeed, claims found to be misleading by this California Superior
        Court in its tentative decision had already been reviewed by a United
        States District Court and found to be substantiated."
     *  "Timothy Muris (the current Chairman of the Federal Trade Commission)
        has testified favorably regarding our advertisements in the past --
        demonstrating the credibility of the advertisements."