Complaint Counsel's Post Trial Brief - Federal Trade Commission

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All types of Cancer 7*Herb Formula TM 2 ounces in juice or water (minimum intake) 2 times daily Bio*Shark TM****(for tumors only) 2 - 4 capsules 3 times daily with meals BioMix TM (Boosts imune system) 4 - 5 scoops in soy milk 2 times daily GDU Caps TM 3 - 6 capsules (CX 20). 3 times daily; 11 hr. BEFORE meals 139. Though the "Testionies" tab on the danelchapterone.com Web site, Respondents provide the following titles for testimonials from their customers, who claim that DCO's Products were effective in the cure, mitigation, treatment, or prevention of cancer or tuors: Cancer, Bladder (Drew Dellinger) Cancer, Breast Mass (Deloris Winter) Cancer, Cancerous Lung Tumor (Douglas Meeks) Cancer, Cancerous Tumor (Joe Rocha) Cancer, Leukemia, Brain Tumor (Tracey Kulikowski) Cancer, Prostate (Jim Givens) Cancer, Prostate Cancer (Joe) Special Forces Offcer Overcomes Prostate Cancer Cancer, Prostate (Sheran "Red" Smith) Cancer, Renal Cell (Jim Hatfield) Cancer, Ski (Pastor Wayne Hars) Cancer, Stage 4 (Joseph Jungles) (CX 17). 140. In Respondents' BioGuide: The BioMolecular Nutrtion Guide to Natual Health 3, Respondents published the following testimonial from Tracey Kulikowski that states: "I had contracted leukema and had three inoperable tuors. When I decided not to do chemotherapy or radiation, my father sent me BIOMIX and 7 HERB FORMULA. Each day as I took it and got it into my system more and more, the better I felt. Then I added Garlic, Siberan Ginseng, and Bio*Shark. I am now in complete remission. The cancer cell count has dropped, the doctors tell me. I had a tuor just above the brain stem in my brain that has completely disappeared. The tuor on my liver is shrng 13
and the tuor behind my hear has shr over 50%. . . . There are alteratives besides chemo and radiation!" (CX 21 (emphasis in bold added)). 141. Respondent James Feijo was responsible for putting together BioGuide 3. (R15 (J. Feijo, Dep. at 243)). 142. Patrcia Feijo was responsible for wrting the BioGuide. (R16 (P. Feijo, Dep. at 20)). 143. Bio*Shark, 7 Herb Formula, GDU, and BioMixx all appear in Respondents' Cancer Newsletter, entitled How to Fight Cancer is Your Choice!!!. (CX 23; CX 24). 144. The Cancer Newsletter is "strctly all about the products for cancer." (R15 (J. Feijo, Dep. at 143)). 145. The Cancer Newsletter contains descrptions of varous DCO products that "a person can choose to use to help them fight cancer." (P. Feijo, Tr. 399). These products include Bio*Shark, GDU, BioMixx, and 7 Herb Formula. (P. Feijo, Tr. 402-04). 146. Patrcia Feijo was responsible for wrting the Cancer Newsletter. (R16 (P. Feijo, Dep. at 26-28); P. Feijo, Tr. 395-96). 147. James and Patrcia Feijo are not doctors. (R16 (P. Feijo, Dep. at 114); P. Feijo, Tr. 404; J. Feijo, Tr. 416). 148. James Feijo never held a position where he had to use any skills involving medicine. (R15 (J. Feijo, Dep. at 47)). 149. James and Patrcia Feijo are not research scientists. (R16 (P. Feijo, Dep. at 114); P. Feijo, Tr. 405). 150. Durg the July 8, 2008 DCO Healthwatch radio program, James Feijo stated that "the FTC, the FDA, the Canadian Goverent don't like the fact that we've told people about what to do about natual methods of FTC-DCO 0506). health and healing, especially cancer." (CX 5 at 151. Durng the July 14, 2008 DCO Healthwatch radio program, Patrcia Feijo stated the following: "And while the FTC does not want us sayig that anytg natual can be used to treat cancer and that nothing ceraiy can cure cancer, we know that the trth is different than what they want us to say. The trth is God has given us herbs in His creation and nutrents that can heal cancer, even cure cancer." (CX 8 at FTC-DCO 0612). BioShark 152. Respondents publish information about Bio*Shark, including, but not limited to, the following: PRODUCTS Bio*Shark: Tumors & Cysts Pure skeletal tissue of sharks which provides a protein that inhbits angiogenesis the formation of new blood vessels. Ths can stop tuor growt, and halt the 14
Page 1 and 2: UNITED STATES OF AMERICA BEFORE THE
Page 3 and 4: TABt
Page 5 and 6: TABLE OF CONTENTS i. Complaint Coun
Page 7 and 8: 14. "The priciples of BioMolecular
Page 9 and 10: 38. Respondents have generated appr
Page 11 and 12: Respondent DCO "is the ONLY nutrtio
Page 13 and 14: priced with most other brands but w
Page 15 and 16: Florida, which Respondent DCO owns.
Page 17: C. Respondents Claim That Their Pro
Page 21 and 22: BioMixx TM. . . GDU Caps TM. . . (d
Page 23 and 24: east examnation by mamography. On 1
Page 25 and 26: 185. The DCO radio program and the
Page 27 and 28: 211. Universal Nutrtion has not con
Page 29 and 30: 233. Nevertheless, Dr. Miler cautio
Page 31 and 32: 262. When enterng in the MA an acti
Page 33 and 34: 292. Duke made no effort to see whe
Page 35 and 36: nutrtional supplements and botancal
Page 37 and 38: 352. LaMont acknowledged that there
Page 39 and 40: 383. Dews never has heard of James
Page 41 and 42: 412. Dews is not famliar with any s
Page 43 and 44: 442. There are no indications in Du
Page 45 and 46: 472. LaMont does not know whether B
Page 47 and 48: 114 F.T.C. at 322; Thompson Medical
Page 49 and 50: it was not blinded or placebo-contr
Page 51 and 52: Tech., Inc., 128 F.T.C. 299 (1999)
Page 53 and 54: In the Matter of ) ) DANIEL CHAER O
Page 55 and 56: a. The Adverisements in Question Ma
Page 57 and 58: In the Matter of ) ) DANIEL CHAER O
Page 59 and 60: CCPF ~ 16-18. In 2002, James Feijo
Page 61 and 62: the ter "BioMolecular Nutrtion" to
Page 63 and 64: 1. Claims That the DCO Products Are
Page 65 and 66: above the brain stem. . . has compl
Page 67 and 68: direct statements. Id. at 318 and 3
Page 69 and 70:
12-12A; CCPF ~ 35. Respondents make
Page 71 and 72:
c. Respondents Represented that GDU
Page 73 and 74:
CCPF ~ 140 (emphasis in bold added)
Page 75 and 76:
consistent with the FTC's approach.
Page 77 and 78:
not cure the fact that the claims a
Page 79 and 80:
fudamental requirements for scienti
Page 81 and 82:
competent and reliable scientific e
Page 83 and 84:
humans with cancer. CCPF ~ 228. il.
Page 85 and 86:
lines of evidence." CCPF ~ 280. LaM
Page 87 and 88:
effectiveness ofGDU, BioMixx, Bio*S
Page 89 and 90:
adverisements and promotional mater
Page 91 and 92:
canot, however, make deceptive stat
Page 93 and 94:
dosages ofthe DCO Products. CCPF ~~
Page 95 and 96:
VI. CONCLUSION The evidence at tral
Page 97 and 98:
In the Matter of DANIEL CHAPTER ONE
Page 99 and 100:
CX 14 Attachment C to Administrativ
Page 101 and 102:
CX33 Emails from DCO relating to FT
Page 103 and 104:
2. James Feijo Owner and President,
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Complaint Counsel's Post Trial Brief - Federal Trade Commission

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