Case of the asiatitrats (Toulouse, France) : Appeal Court's verdict next May 24th 2007

Last Thursday March the 22nd 2007 session at Toulouse (France)'s 3rd Correctionnal Appeal Court, in relation to the prosecution of Max Rombi, ex-CEO and founder and current supervisory board chairman of Arkopharma (aka Health From The Sun ) accused of "unintentional" injuries and fraud, evolved more dynamically than April 19th 2006 session which concluded with the shameful discharge of Max Rombi.

Interrogated by the Jury's President, Max Rombi said that in despite of the doubt regarding the chinese herbs and following Arkopharma's principal pharmacist and Arkopharma's chemist chief, who are not skilled in Traditional Chinese Medecine at all, and for who the powders(1) apparently didn't constitute a danger for health, he decided to launch the commercialization of the asiatitrats without even waiting for expert feedback from Professor Paul But(2) of University of Hong Kong. Where is the unintentionality there? In a quick move to justify his decision, Max Rombi also added asiatitrats never were very profitable for Arkopharma (3)... What about human lives? The victims had to pay an expensive price and still paying for Max Rombi and Arkopharma 's money appetite gambling with millions of innocent human lives!

The pharmacist of Toulouse (France), Jean-Bruno Maury, reckogned having bought Arkopharma's powders(1) and also reckogned having sold circ. 450kg of "medecine" without really knowing what was inside in his blind and irresponsible trust in his pal Max Rombi.

In relation to the expertise file, the prosecution remarked there was no reason for it to be ignored whereas Nice (France)'s Correctionnal Tribunal and Aix-en-Provence (France) Appeal's Court retained it sentencing Max Rombi to serve two years in jail and €45.000 of penalty for "unintentional" manslaughter. The prosecution also remarked that in despite of the queries for multiple expertises these queries never where taken into account and deplored the doubtuous time taken for the procedure that started circ. 17 years now.

The verdict is scheduled for next Thursday May the 24th 2007.

(1) According to a Louisville Clinic of Traditional Chinese Medecine expert (...) instead of an aqueous extract (water decoction), the whole herb was administered. Water decoction is the principle method of preparation in traditional Chinese herbal medicine because toxic constituents are so seldom water-soluble.(...)

(2) On June the 12th 2004, discussing toxicological aspects of Traditional Chinese Medecine, Pr. Paul But (Chinese University of Hong Kong) said that publicity over the past 10 years about the nephrotoxicity of TCM materials containing aristolochic acid had unfortunately resulted in the introduction of the term “Chinese herb nephrology". Professor But also emphasised that quality control, training of suppliers and the provision of more information about the medicines could all help reduce the risk of toxic events occurring. (src: http://www.pjonline.com/Editorial/20040724/forum/forum_tcm.html)

(3) Phytotherapy Arkopharma's poorest activity? According to latest Arkopharma's annual reports, phytotherapy activity represents more than 55% of Arkopharma's turnover. Let's remind also Arkopharma's asiatitrats were advertised as a "weight-loss" product and as the article published in french magazine Le Point last august 17th 2006, "Charlatans of the Thinness", in which Max Rombi and Arkopharma are mentioned, states "weight-loss" products represent 30% of food complements turnover with Health From the Sun 's 4-3-2-1 diet as locomotive and its 12% market share. Among all its products, those of the "slimming" (or "weight loss") range are those who always contributed the most to Arkopharma (aka Health from the Sun) 's turnover.