Capsimax Effect on Metabolic Rate, Satiety and Food Intake

Inclusion Criteria: 1. BMI between 25 and 40 kg/m2 inclusive 2. Healthy 3. If of child-bearing potential, use of effective contraception Exclusion Criteria: Subjects excluded will: 1. Have received an investigational product in another trial within 30 days of enrollment. 2. Have lost 10 or more pounds in the 3 months prior to randomization and maintained the weight loss. 3. Use tobacco products 4. Use a nicotine patch or gum. 5. Take regular medication other than oral contraceptives or estrogen replacement therapy. 6. Take products containing ephedra or medications known to increase metabolic rate like stimulants taken for attention deficit disorder. 7. Not eat at regular mealtimes. 8. Have a history of alcohol or drug abuse in the past year. 9. Nurse a baby or be a member of a vulnerable population including adults unable to consent, pregnant women, prisoners or minors. 10. Have a clinically significant history of diabetes, high blood pressure (\>140/90), thyroid disease, heart disease, kidney disease or liver disease. 11. Have a known allergy to capsaicin caffeine, piperine or niacin. 12. Have clinically significant laboratory findings in the opinion of the investigator. 13. Score greater than 13 on the restraint scale of the 3-factor eating questionnaire.