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Witness Testimony

Mr. Jose De LaRocha
Director of Quality Control
PAL Labs
10655 NW 29th Terrace
Miami, FL, 33172

Parents Be Aware: Health Concerns about Dietary Supplements for Overweight Children.
Subcommittee on Oversight and Investigations
June 16, 2004
10:00 AM


I am the director of Quality Assurance and Quality Control at PAL Laboratories, Inc. ("PAL"). I have been in this position since 1999. Some time in mid- to late October 2002, Jerry Rayman, PAL's Vice President of Domestic Sales & Marketing, informed me that a client had asked PAL to prepare a formulation for a proposed dietary supplement directed at obese children. It was my understanding that the proposed product was to be for children 12 years of age and older.

The initial formulation contained primarily fibers and no diuretics. The second formulation was for "Adults and children more than 12 years old" (Exhibit C). At Mr. Rayman's request, I modified the formulation. All of Ms. Kaye's requests were given to me through Mr. Rayman. I never personally spoke with her.

On or about November 6, 2002, Mr. Rayman informed me that Ms. Kaye had rejected all our prior drafts and had requested that we draft a formulation for a dietary supplement intended for children six years of age and older. I made the requested modifications and forwarded them to Mr. Rayman before I left on vacation, on or about November 27, 2002. Immediately upon my return, on December 9, 2002, Mr. Rayman asked me if there were any medical concerns with the inclusion of Uva Ursi as an ingredient in the Skinny Pill for Kids. I consulted the Physicians' Desk Reference and informed Mr. Rayman that Uva Ursi was contraindicated in children under twelve years of age. At that point, he told me that there was a problem with the formulation that I had proposed because it contained Uva Ursi and his client, Ms. Kaye, had started a marketing campaign with that formulation. On that same day, Mr. Rayman and PAL's then president, Emilio Ruiz, instructed me to appear on the CNN TV Show, "Connie Chung Tonight," because Ms. Kaye was going to appear on it in order to discuss the Skinny Pill for Kids. Later that afternoon, I appeared on the show as instructed. At this point, PAL had never produced "The Skinny Pill for Kids". Moreover, PAL then decided it would not produce this product.

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