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[Definitie:] "An ergogenic aid is any substance or phenomenon that enhances performance."
(Wilmore and Costill) 
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2 1 - 0 8 - 2 0 0 5 Pat Robertson's shake causes a stir
By BILL SIZEMORE Pat Robertson’s “age-defying” diet shake isn’t just a philanthropic endeavor anymore. Now the televangelist is looking to turn a profit from it.
After four years of touting the benefits of his weight-loss shake via his nonprofit Christian Broadcasting Network and sending the recipe to any viewer who asked for it, Robertson has licensed the shake for national distribution by General Nutrition Corp., a Pittsburgh-based health-food chain. Robertson says he is exercising his right to engage in a business venture, but an evangelical watchdog group says he is abusing his nonprofit status. Along the way, Robertson has hooked up with some colorful characters – Phil Busch, for example. Busch thought he was going to be Robertson’s Jared. The Texas bodybuilder dreamed of inspiring millions of Robertson’s viewers to lose weight drinking the evangelist’s shake, just like Jared Fogle did for Subway sandwiches. Busch says he lost 198 pounds in 15 months drinking Robertson’s concoction, leading to an on-camera interview with the Virginia Beach-based broadcaster on the daily TV show “The 700 Club” last month. But Busch’s hopes have been dashed by the crosscurrents of commerce. The man commercially hawking Robertson’s shake is Pittsburgh bodybuilder Dave Hawk, who’s affiliated with GNC. Now Busch is hopping mad – all 210 muscular pounds of him – and the recriminations are flying. Busch says Robertson played him for a sucker, using him to hype his product when it was a nonprofit venture and then dropping him like a hot, carb-filled potato when he went commercial. Robertson and Hawk say they’ve been publicly maligned by Busch and have threatened legal action. A multimillionaire religious broadcaster and former presidential candidate, Robertson added “health-food promoter” to his wide-ranging resume when he introduced “Pat’s Age-Defying Shake” to viewers in August 2001. Robertson, now 75, said in a 2002 interview with The Virginian-Pilot that he devised the recipe himself after he turned 60 and began studying the connections among nutrition, aging and health. Robertson says 1.5 million people have requested the recipe, which includes ingredients such as safflower oil, protein powder and vinegar. One of them was Busch, 41, a resident of suburban Dallas who bills himself as a bodybuilder, fitness trainer and motivational speaker. He says he weighed 410 pounds when he saw Robertson promoting his shake on TV in 2003 and decided to give it a try. By following Robertson’s diet in conjunction with an exercise program, Busch says, he lost 198 pounds and turned himself into a mass of muscle without using steroids or other drugs. Last year, he placed eighth in an International Natural Bodybuilding Association competition. In the spring of 2005, Robertson launched a 12-week Weight Loss Challenge on “The 700 Club,” suggesting viewers slim down with exercise and a healthy diet, including two daily doses of his shake. When Busch heard about the challenge, he sent before-and-after pictures of himself to CBN. “They were ecstatic,” Busch said in an interview. “They wanted to put my pictures on TV. I said OK.” Robertson showed the pictures to viewers early in the Weight Loss Challenge and included them in a commercial that ran for several weeks promoting the program. Shortly before the end of the Weight Loss Challenge, Busch said, his wife noticed a GNC store display promoting a new product. Robertson’s weight-loss shake had been turned into a powdered mix in a can: nine servings for $21.99. In large type on the front of the can, the product is labeled “Pat’s Diet Shake.” In smaller type on the back, it is identified as “Dr. Pat Robertson’s Diet Shake.” Robertson is not a medical doctor, but he does have a law degree, known formally as a juris doctor, from Yale Law School. At the end of the Weight Loss Challenge in July, CBN flew Busch to Virginia Beach for a “700 Club” interview with Robertson. On the show, Robertson introduced Busch as “Exhibit A-plus” for his diet plan and asked if he used his shake. “Absolutely, and it’s very essential and it helps tremendously,” Busch replied. “Matter of fact, now I just go to the GNC and get the weight-loss shake.” Busch says that representatives of Robertson’s organization led him to believe that he might be able to get a contract as a national spokesman for the shake, but that nothing came of those discussions. He is bitter about being elbowed aside by Hawk, the bodybuilder affiliated with GNC. “I’m the one that lost 198 pounds,” Busch said. “I felt like an idiot. I felt used. “All I was trying to do was inspire people. I did it for the viewers – not to help Pat Robertson make money.” Hawk, a former Mr. USA and Mr. World, made two appearances on “The 700 Club” during the Weight Loss Challenge. On his second appearance, he wore a shirt bearing the GNC logo. On his Web site, which promotes Robertson’s shake, Hawk says he “works extensively with General Nutrition Corp. in a variety of capacities.” Busch has posted a broadside on his own Web site disavowing his endorsement of the shake: “I do not endorse this product and in no way should you expect the results I have achieved by consuming this product alone.” In a written reply to an inquiry from The Virginian-Pilot, Louis A. Isakoff, an attorney representing Robertson, characterized Busch’s allegations as “bizarre, completely untrue and sadly mistaken.” Isakoff wrote that Busch was never offered an endorsement contract by Robertson or CBN. He said Robertson licensed his name and shake recipe to Basic Organics Inc., a Columbus, Ohio-based manufacturer that produces the product and distributes it in GNC stores. “Dr. Robertson, as a private individual, certainly has the right to engage in personal business ventures,” Isakoff wrote. Hawk is a consultant for Basic Organics, which handles advertising for the product. Although ads for the shake have appeared immediately before the program on some stations, Isakoff said CBN has turned down requests by Basic Organics and GNC to advertise on “The 700 Club.” Robertson’s shake recipe is still available on the CBN Web site. Alongside it is this advice: “You can purchase health supplements and shake products from high quality health food stores, like GNC.” The commercialization of Robertson’s shake drew fire from the Trinity Foundation, a Dallas-based religious media watchdog organization. Trinity has been critical of past Robertson business ventures, such as his African gold and diamond mines and Kalo-Vita, a multi level marketing company that sold vitamins and cosmetics. Ole Anthony, Trinity’s president, said Robertson improperly used his tax-exempt, nonprofit ministry to create a market for his shake. “It wouldn’t exist unless it was promoted on the donor-paid-for airtime,” he said. 2 1 - 0 9 - 2 0 0 5 Dallas Bodybuilder Sues TV's Pat Robertson for Unauthorized Use of Weight-Loss Photographs
Was Promotion of 'Pat's Diet Shake' a Commercial Venture?
20/09/05 A professional bodybuilder is suing television evangelist Pat Robertson and others over Robertson's improper use of photographs showing the bodybuilder's dramatic weight loss. Through diet and exercise, including the use of a diet shake recipe promoted on Robertson's TV program, "The 700 Club," bodybuilder Phil Busch lost 200 pounds in 15 months. Busch is a natural bodybuilder who lost the weight and gained muscle without using drugs or steroids. He sent pictures showing his body's transformation to the show's producers and agreed they could be televised because he hoped to inspire others. He also allowed "The 700 Club" to use the photographs to promote Robertson's "Weight Loss Challenge." Weeks later, Busch discovered Robertson was selling "Pat's Diet Shake" for profit through General Nutrition Center stores (GNC). When Busch realized his images had been used to promote a commercial product, rather than to inspire people to lose weight, he approached Robertson's Christian Broadcasting Network (CBN) and asked for compensation, but was turned down flat. "This was never about weight loss; it was all about money," Busch says. "They only had my photographs because I thought 'The 700 Club' was trying to help others and because I knew CBN was a non-profit. Had I known Robertson and his corporate buddies were making money using my pictures, I would have handled everything differently." Attorney Jim Davis of Davis Munck, P.C., in Dallas, represents Busch in his claims against Robertson, CBN and GNC. Davis says he wants to know why a non-profit such as CBN would promote Robertson's commercial product. "Pat Robertson should not have used Phil's photographs to make money for himself and GNC without offering some compensation," Davis says. "In addition, if I were someone who had sent money to Pat Robertson, I'd be very concerned about the blurring of the lines between CBN's charitable mission as a non-profit corporation and a Robertson commercial venture with GNC. It seems pretty clear to me that Robertson and his commercial partners, GNC and Basic Organics, have received private benefit from the ongoing promotion of Robertson's diet shake on 'The 700 Club.'" The suit was filed in the 95th Judicial District Court in Dallas County, Texas. Davis Munck, P.C., is a Dallas-based law firm that represents clients from start-ups to Fortune 100 companies in high-stakes commercial litigation, corporate transactions and business formation, employment and intellectual property law. 2 7 - 0 5 - 2 0 0 6 Robertson Says He Leg-Pressed 2,000 Pounds
My Way News VIRGINIA BEACH, Va. - Religious broadcaster Pat Robertson says he has leg-pressed 2,000 pounds, but some say he'd be in a pretty tough spot if he tried.
The "700 Club" host's feat of strength is recounted on the Web site of his Christian Broadcasting Network, in a posting headlined "How Pat Robertson Leg Pressed 2,000 Pounds." According to the CBN Web site, Robertson worked his way up to lifting a ton with the help of his physician, who is not named. The posting does not say when the lift occurred, but a CBN spokeswoman released photos to The Associated Press that she said showed Robertson lifting 2,000 pounds in 2003, when Robertson was 73. He is now 76. The Web posting said two men loaded the leg-press machine with 2,000 pounds "and then let it down on Mr. Robertson, who pushed it up one rep and let it go back down again." The Web site said several people witnessed the event, and shows video of Robertson leg-pressing what appears to be 1,000 pounds. Clay Travis of CBS SportsLine.com called the 2,000-pound assertion impossible in a column this week, writing that the leg-press record for football players at Florida State University is 665 pounds less. "Where in the world did Robertson even find a machine that could hold 2,000 pounds at one time?" Travis asked. Andy Zucker, a strength-training coach at Old Dominion University in Norfolk, said leg presses of more than 1,000 pounds represent "a Herculean effort, and 2,000 pounds is a whole other story." "If he was able to lift that much weight, I take my hat off to him, but the numbers suggest that people who lift that much weight are few and far between," Zucker said. "One would have to see what type of leg press it was on and under what parameters it was done." CBN spokeswoman Angell Vasko said Friday that Robertson was not available for comment because he was "out of pocket" for the long holiday weekend. Vasko said she has not seen Robertson leg-press 2,000 pounds but that it's not "a huge shocker" that he could. "Pat is so healthy," she said. "This is something he trained for over an extended period of time. He lives a very healthy, regimented life." One of the photos Vasko released had a digital date stamp of 1994, although she said Robertson performed the leg press in 2003. Vasko said that perhaps the date was not set properly on the camera. The CBN Web site attributes Robertson's energy in part to "his age-defying protein shake." The site offers a recipe for the shake, which contains ingredients such as soy protein isolate, whey protein isolate, flaxseed oil and apple cider vinegar. 1 0 - 0 1 - 2 0 0 7 Bodybuilder says Robertson threatened to kill him and his family
BILL SIZEMORE NORFOLK - One of Hampton Roads' highest-profile Christians stands accused of a not-so-Christian act. A plaintiff in a federal lawsuit against Pat Robertson says the televangelist threatened his life and that of his family at a legal proceeding Wednesday in the Norfolk federal courthouse. The accuser, Phillip Busch, is suing Robertson for misappropriation of his image in the promotion of Robertson's protein diet shake. According to a complaint Busch filed with the Norfolk police, Robertson entered a room in the courthouse Wednesday afternoon to be questioned for a deposition - an out-of-court form of testimony - and told Busch: "I am going to kill you and your family." Robertson's attorney, Glen Huff, denied the allegation Thursday, saying: "There was no such threat." Robertson has been touting his "age-defying" weight-loss shake for five years on his Christian Broadcasting Network talk show "The 700 Club," offering the recipe free to any viewer who requested it. Busch, a Texas bodybuilder, contacted the show in 2005, saying he had slimmed down from 400 to 200 pounds drinking the shake. CBN showed his before-and-after photos 20 times in a promotional spot and flew him to Virginia Beach for a live TV interview with Robertson. Busch says he didn't know when he contacted CBN that Robertson had recently licensed his shake for commercial distribution by a nationwide health-food chain in a ready-to-mix powdered formula. He sued Robertson in September 2005, alleging that the broadcaster used his image for a commercial purpose without compensating him. The case is set for trial in April. The litigation has been rancorous. Robertson's spokesmen have accused Busch of extortion, and Busch has posted disparaging comments about Robertson on his personal Web site. Busch has dismissed his attorneys and is litigating the case himself. This is not the first time Robertson has been accused of threatening an adversary. After the failure of an earlier Robertson commercial venture - a multilevel sales outlet for Bible study courses and discount coupon books - the broadcaster fired Mark Peterson, the venture's top executive. The two blamed each other for the business' failure in what became a public feud. Peterson sued Robertson in 1995, alleging that Robertson made a veiled death threat in a telephone conversation with Peterson's sister. Robertson denied making a threat. Peterson dropped the lawsuit in 1997, saying he had forgiven Robertson. 1 8 - 0 3 - 2 0 0 7 Robertson's words 'inappropriate' but not a threat, judge rules
BILL SIZEMORE NORFOLK - So did Pat Robertson really threaten the life of a bodybuilder who is suing him over his diet shake venture? It's still not certain exactly what was said, but court documents make clear that the broadcaster did chastise his accuser in some fashion, apparently invoking the wrath of God in the process.
The judge in the case called Robertson's remarks "inappropriate," but concluded that they didn't rise to the level of a threat. The bodybuilder, Phillip Busch, filed a complaint with the Norfolk police alleging that Robertson threatened his life and those of his family when the broadcaster arrived at the federal courthouse Feb. 7 to be questioned for a deposition, an out-of-court form of testimony. Robertson's attorney denied that any threat was made. The evangelist's remarks were made off the record, before a court reporter and videographer began recording the proceedings. But a transcript of the deposition includes a discussion about what he said. Busch, acting as his own attorney, asked to speak with U.S. Magistrate Judge James Bradberry "concerning Mr. Robertson's comments when he came in here, his off-the-record comments to me, which I perceive to be a threat against my life." Robertson: "It's not a federal crime to invoke God's power, and that's all I was doing.... There was no threat against your life, and I certainly didn't mention your family.... You are delusional." Busch: "What, exactly, did you say?" Robertson: "I said he's gonna take your strength away..." Busch: "He's gonna take my strength away?" Robertson: "... that you are so proud of." Eventually, Bradberry, who was not in the room when the disputed remarks were made, came in and heard from both sides. What he said to Robertson in response was not recorded. In recorded remarks the next day, the judge admonished Busch for being "belligerent and hostile." Then he added: "I chewed Mr. Robertson, too, because his comment to you was inappropriate. It wasn't a threat. It was inappropriate." 1 8 - 0 3 - 2 0 0 7 Shake lawsuit opens rare window on Pat Robertson's media empire
BILL SIZEMORE NORFOLK - A lawsuit nearing trial has opened a rare window into the inner workings of Pat Robertson's Virginia Beach-based media empire. At the heart of the case is an issue that has bedeviled Robertson repeatedly over the years: the fuzzy line between his tax-exempt operations and his profit-making ventures. The lawsuit accuses Robertson of abusing his tax-exempt status by using the resources of his nonprofit TV ministry to promote a commercial product - a high-protein diet shake. Nonsense, the televangelist has responded: The shake was a totally separate venture, not related in any way to his Christian Broadcasting Network. Now a trail of e-mails and other internal correspondence, dating back more than a year before the lawsuit, indicates that Robertson and other CBN executives were closely involved in the development of the shake venture. In one letter addressed to nutrition-store managers, the broadcaster referred to the "built-in demand" he had generated for the shake and pledged to keep hawking it on his daily TV show, "The 700 Club." Other documents show that CBN produced a TV commercial for the shake. There was even talk of taking the product into the China market. John Colombo, an expert on tax-exempt organizations at the University of Illinois College of Law, said the case raises questions about tax-law compliance. "It seems to me that arguably, CBN was inappropriately conferring benefits on Pat Robertson as a result of giving him free advertising and free exposure for his product," Colombo said. "If they're giving away stuff to Pat Robertson that they shouldn't be giving away, then that's a problem." If the Internal Revenue Service found that to be the case, he said, it could levy an excise tax on Robertson for receiving excess benefits from CBN. Robertson's far-flung ventures have posed tax issues for years. In 1990, CBN spun off its family-friendly TV channel after it became so large and lucrative that it risked the wrath of the IRS, which prohibits businesses from becoming bigger than their non profit parents. In 1997, pilots for Robertson's tax-exempt humanitarian organization said its planes were used almost exclusively for the evangelist's African diamond mining operation, sparking an investigation by state charity regulators. Robertson began promoting his "age-defying" diet shake on "The 700 Club" in 2001, offering to send the recipe free to any viewer who asked for it. He says more than 1.5 million people have requested the long list of ingredients, which includes such items as safflower oil, protein powder and vinegar. One of those people was Phillip Busch, a Texas bodybuilder. Busch contacted CBN in the spring of 2005 with astounding news: He had lost nearly 200 pounds drinking the shake. Robertson showed Busch's dramatic before-and-after photos on "The 700 Club," and they were incorporated into a TV spot that was aired on the show 20 times over the next few weeks. In July, CBN flew Busch to Virginia Beach for a live "700 Club" interview with Robertson. Meanwhile, Busch says, he discovered that Robertson's shake had been turned into a commercial product - a ready-to-mix powder in a can - and was being sold by General Nutrition Corp., a Pittsburgh-based health-food chain. Busch sued Robertson, CBN, GNC and several related entities, claiming the broadcaster used his image for a commercial purpose without compensating him. A central allegation in the case is that Robertson and CBN conspired to promote the commercial shake using CBN's tax-exempt resources in violation of federal tax law - in other words, that they built a market for the product on airtime paid for by CBN donors and then cashed in on it. In a variety of forums since then, Robertson and other CBN executives have insisted that the shake promoted on the nonprofit network and the ready-to-mix product sold in GNC stores are separate. They are "two very discrete ventures," Louis Isakoff, a CBN attorney, told The Virginian-Pilot just after the lawsuit was filed. In a sworn affidavit a month later, John Turver, CBN's vice president of marketing, said the pre-packaged mix "is not involved in any way with CBN or 'The 700 Club.' " Robertson himself, in a sworn deposition last month, addressed the issue squarely: "I want to say, categorically, that CBN had no relation with GNC whatsoever." He was asked: "So if I am understanding this correctly... the shake on CBN... and Pat's Diet Shake are two different shakes?" "Correct. Correct," Robertson replied. Elaborating later, he characterized the GNC product as "a shake that was put together, high protein, available in commercial stores, that we did not have anything to do with." But e-mails and other correspondence that have become part of the court record suggest an intertwining of the two dating to March 2004. That's when Dave Hawk, a Pittsburgh bodybuilder who identified himself as new projects director for GNC and soy producer The Solae Co., e-mailed CBN asking to speak with a Robertson associate. Robertson's assistant, G.G. Conklin, forwarded the e-mail to attorney Isakoff with the comment: "I'm wondering if he's interested in packaging Pat's Age-Defying Shake? That would be interesting." Isakoff responded: "I think we should follow up on this. GNC is big." Days later, after talking to Hawk, Isakoff reported back to Conklin: "He thinks there is a market for Pat's recipes." Soon Philippe Ballet, an account manager at St. Louis-based Solae, submitted a proposal on "how Solae could help CBN to launch a nutritional product line." As Hawk explained in a June e-mail: "This concept would expand to other products that... could be sold similar to 'Newman's Own' products." By December, a contract had been drafted. "I think we are very close on the contract and I just need Pat's approval," Isakoff wrote Hawk. "He is exceptionally excited about this, and ready to move forward. Let's Go!" Robertson has described the deal in court papers as an agreement in which he licensed the use of his name and shake recipe to the manufacturer. Details of his compensation have not been spelled out. In an undated letter addressed to GNC store managers and franchise owners, Robertson wrote that 750,000 CBN viewers had requested information about his diet and exercise program: "In addition to our already built-in demand, I will continue to talk about my 'Weight Loss Challenge' and Pat's Diet Shake on regular weekly national television broadcasts." In April 2005, the same month Busch's before-and-after photos were first displayed on "The 700 Club," CBN produced a TV spot for the new product featuring a "spokesmodel" narrator. The script made no attempt to differentiate between the nonprofit and for-profit products: "Thousands of people are already losing weight with Pat's Diet Shake, and now all the wholesome ingredients that went into Pat's original recipe have been concentrated into one easy-to-make shake." That spring, while one spot featuring Busch's photos was aired on "The 700 Club" to promote Robertson's nonprofit weight-loss program, the "spokesmodel" spot for the commercial shake was airing immediately before the program on many stations. In May, Ballet e-mailed Turver with a bold idea: "Now, thinking ahead of the curve here, I remember you saying that Dr. Pat Robertson is very famous in China as well. Are you interested in the Chinese market for these products?" Turver forwarded the message to Isakoff, who replied: "Why not China? If we are doing so, we will need to file for patent and trademark protection." Robertson's patent application was filed a week later. Busch's lawsuit was filed in September 2005. In February 2006, three of the defendants - GNC, Hawk and Basic Organics Inc., the Columbus, Ohio-based manufacturer of the ready-to-mix shake - settled out of court for $42,000. That spring, GNC dropped the product from its shelves without explanation. It has since been picked up by another health-food chain, The Vitamin Shoppe, based in North Bergen, N.J. The lawsuit is set for trial in April. 1 0 - 0 4 - 2 0 0 7 Protein-shake lawsuit against Robertson dismissed
MICHAEL FELBERBAUM RICHMOND - A federal judge has dismissed a lawsuit that claimed religious broadcaster Pat Robertson misused a Texas bodybuilder's image to promote the televangelist's protein diet shake. U.S. District Court Judge Raymond A. Jackson in Norfolk ruled in favor of Robertson and his Virginia Beach-based Christian Broadcasting Network in an order Friday but said an opinion explaining the ruling would be filed at a later date. Philip Busch claimed Robertson misappropriated his image to promote his "age-defying" weight-loss shake. Robertson had been touting his shake since 2001 on his talk show, "The 700 Club," offering the recipe free to any viewer who requested it, but he later started selling it. Louis A. Isakoff, Robertson's attorney, said he is pleased with the outcome of the case. "All we've ever wanted was a declaration that we didn't do anything wrong and we didn't owe" Busch money," Isakoff said. Busch said he was disappointed in the decision and believes the outcome was due to the fact he was litigating the case himself after dismissing his attorneys. |
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