Warwickshire Trading Standards prosecute Nickols in fake weight-loss machines case In this feature l product safety l fake weight loss l identity fraud The snake oil salesman What seemed at first to be a case of poor consumer service unravelled to reveal a web of duplicity and dangerous goods, as Eleanor Lake explains A s snake-oil salesmen go, Aaron Nickols was pretty slippery, using numerous addresses and operating under several identities. Going by the false name of Paul Jones, Nickols ran what appeared to be a legitimate business, the UK Weight Loss Network, which rented out weight-loss machines from offices in Wolston and Rugby. Originally unknown to Warwickshire Trading Standards, the only reason the business found itself on our radar was because of a consumer complaint about refunds. However, we soon uncovered a web of duplicity that conned people into believing that ultrasonic liposuction machines which, with loose wires, were dangerous and gave some users electric shocks could result in weight loss without dieting or exercise. Ultimately, the behaviour of Nickols, who was from Hinkley, led to recorder Peter Levins describing him as a snake-oil salesman when giving him a custodial sentence. The con Nickols adverts promised users they could get the body youve always wanted Nickols operation involved buying 400 devices from a Chinese manufacturer on eBay, at a cost of 170 each, and renting them out for 199 per month to consumers across the UK. We believe his business had a turnover of more than 400,000. He was first referred to us by another trading standards service, after a complaint was made about the business. A customer had been refused a refund, so we advised the business about its failure to give cancellation rights. We were also concerned about the safety of the equipment that was being rented out, so we carried out a test purchase of one of the devices and sent it to an independent laboratory for safety and electromagnetic compatibility testing. We found that the aDvICE FOR OFFICERS devices had not been safety checked when they had been If faced with a similar business, challenge the claims made, imported despite Nickols and take action where these cannot be substantiated having a legal obligation to do Dont be afraid to challenge something that looks like a load so and that they did not meet of nonsense just because there are other businesses doing the same thing, it doesnt mean science exists to support it. electrical safety standards. It took a significant amount of effort to find an expert in the Nickols made no safety checks relevant field who had the time and expertise to give the before the first rental, or in evidence we needed for our case, but it was worth it between rentals. Finding an expert witness who was willing to say that the devices could not do what was claimed was key to the False claims prosecution. In interview, Nickols accepted that there was no The UK Weight Loss Network scientific basis for the claims he was making, and tried to rely website didnt make many solely on testimonials and repeat customers as the basis for explicit claims about what the his claims for and his belief in the product devices could do. It wasnt TSOs also need to advise landlords and businesses to do until we received a further basic due diligence checks before they rent out a property complaint with a copy of a or give someone credit. For example, landlords should ask to see photo ID and make sure they meet prospective full-page national newspaper tenants, to make it harder for criminals to rent out premises. advert with reference to Even a major parcel company gave Nickols a significant previous Advertising Standards line of credit, allowing him to run up a 10,000 debt without Agency involvement, which properly securing his identity. This is a lesson that businesses had advised him on two of all sizes need to learn if they are to protect themselves from previous occasions to remove being fleeced by people using fake identities misleading content that we identified the full extent of the claims Nickols was making about his devices. His adverts promised that users could: Get the body youve always wanted with no gym and no diets!, and that the product was a revolutionary treatment that shifts stubborn fat fast! Nickols claimed that the ultrasonic liposuction device would enable the user to lose weight without dieting, exercise or surgery. Users were instructed to apply a jelly to their fatty areas before rubbing the electrical device across it to melt the fat away. We asked Nicholas Finer, clinical professor, endocrinologist and bariatric physician at University College Hospital London, to examine the adverts and the claims being made about the devices. He said there was no evidence to support the weight-loss claims, and no published scientific evidence to support low-intensity ultrasound as being effective for weight loss. Fake names Nickols initially dealt with my colleague using the name Paul Jones, andthen again in a telephone conversation with me. When I invited Paul Jones for an interview under caution, Nickols telephoned me and said that he Aaron Nickols was the owner of the company. When I tried to call back, his staff said they had never heard of Aaron Nickols; their boss was called Paul Jones. I spoke to the landlord who rented the premises to the UK Weight Loss Network and he had never heard of Aaron Nickols either. He sent me a copy of the lease, which was signed for in the name of Paul Jones. During the first interview, Nickols admitted to using the name Paul Jones. At this time, he also claimed that a Sarah Price worked for the company. However, during the second interview, he admitted that he himself answered consumers complaints as Sarah Price. The real challenges with the numerous identities were for consumers and businesses, who tried to get redress from Nickols after he failed to give refunds or skipped out on paying the rent or his courier bills. Fake addresses Nickols also failed to comply with the Companies Act 2006 requirements to give the registered company name, number and address on his website and paperwork so it was unclear who the owner was. He used an old accommodation address in his national advertising, so letters of complaint were returned to sender unopened. He signed documents in false names, so his landlords had no forwarding details for him, and even his staff were unaware of their boss real name. Because Nickols used the address in Manchester in his national adverts, very few referrals and notifications concerning the business had come through to us. Customers had no idea the staff were actually based in Wolston and Rugby in Warwickshire. But after identifying the address in Manchester, we ran a Citizens Advice Consumer Service report and found a large number Trading standards officer Eleanor Lake with one of the machines of complaints. These ranged from grievances about devices that were dirty and covered in hairs on receipt, to reports of loose wires and complaints about the devices not living up to the claims. We sent out a questionnaire to complainants and identified those who would be willing to give evidence. We took statements over the phone and, where this wasnt possible, asked for assistance from colleagues around the country. Even staff were unaware of their boss real name Trial and result We were listed for a trial on 3 April 2017, but then Nickols changed his plea to guilty for supplying an unsafe appliance contrary to section 12(1) of the Consumer Protection Act 1987 and to carrying on his business contrary to the requirements of professional diligence. He then agreed to plead guilty to placing adverts that misled consumers, contrary to the Consumer Protection from Unfair Trading Regulations 2008. We agreed not to proceed on the fraud charges and Nickols gave an undertaking that he would not offer these services in the future up to that date he was still running the business. Nickols was sentenced at Coventry Crown Court on 18 May. He received a nine-month prison sentence, suspended for two years, and was ordered to complete 150 hours unpaid work and pay 5,000 towards prosecution costs. Credits Eleanor Lake is a trading standards officer at Warwickshire Council. To share this page, in the toolbar click on You might also like fake, rattle and explode January 2016 The fake temptation march 2017