Unlicensed Body Sculpting Business Agrees to Pay $121K

The Orange County and Los Angeles County District Attorney’s Offices have reached a civil settlement agreement with Sculptor Body Molding, Inc. and its owners Steven and Monica Ferguson on charges that they engaged in unlawful business practices and false and misleading advertising at their health clinics.

The filing of the civil complaint was the result of an investigation conducted by the Department of Consumer Affairs’ Division of Investigation after it was discovered that the defendants were advertising to perform various medical procedures. One of the procedures was called SculptorBody which the company described as a weight-loss “lipo-sculpting” program.

The business advertised that the SculptorBody treatment provided weight loss and body sculpting through the use of various medical devices and cosmetic machines including laser and ultrasound treatments. Customers were asked to pay thousands of dollars for the treatments and were told the program was approved by the Food and Drug Administration and “Members of [the] Medical Board.” Sculptor Body Molding, Inc. operated five clinics in Huntington Park, North Hollywood, Santa Ana, West Covina and Riverside. The company advertised heavily to the Spanish-speaking community.

The Division of Investigation’s Health Quality Investigation Unit, Operation Safe Medicine, conducted undercover appointments at Sculptor Body Molding and investigators were offered medical services including ultrasound weight loss treatments, oxygen injections, and “fat molding.”

These services were offered by staff referred to as “therapists” rather than by a licensed medical doctor or other licensed medical professional as required by law.  None of the weight loss treatments or health advice provided at the business were supervised by a licensed physician and neither of the Fergusons is a licensed health care professional. The civil complaint noted that the advertising and performance of these medical procedures constituted the unlicensed practice of medicine and false and misleading advertising.

As part of the settlement agreement reached on May 19, 2017, the defendants will pay $106,000 in civil penalties that will go into a fund that supports future consumer protection actions by the District Attorney’s Office.  They will also pay $15,000 in restitution to the Medical Board of California for the costs of the investigation conducted by the Division of Investigation.

The settlement includes an injunction which prevents the Fergusons from operating any business in violation of the California Medical Practice Act and from any advertising that includes false or misleading statements to consumers. They are also required to immediately sell or dispose of all ultrasound machines and other medical devices that can only legally be used by or at the direction of a licensed medical professional.