Complaint Counsel's Post Trial Brief - Federal Trade Commission

185. The DCO radio program and the DCO Web site were the natual vehicle for Respondents
to reach out to people in other states. (R16 (P. Feijo, Dep. at 62)).
E. Respondents Did Not Possess Substantiation For Such Claims At the Time They
Were Made
186. Respondents represented to consumers that they possessed and relied upon a reasonable
basis that substantiated the representations set forth in the FTC's Complaint. (Answer ~
15.)
the DCO Products. (R16 (P. Feijo,
Dep. at 161); R15 (J. Feijo, Dep. at 201-02); P. Feijo, Tr. 405).
187. Respondents conducted no scientific testing on any of
188. Respondents have not conducted
(J. Feijo, Dep. at 58, 205-06)).
any double-blind studies on the DCO Products. (R15
189. Respondents' have not conducted any controlled studies on any of the DCO Products.
(R15 (J. Feijo, Dep. at 54-55)).
190. No person has been involved in the scientific testing, research, substantiation, or clincal
trals ofthe DCO Products. (CX 39).
191. Respondents have no documents relating to their policies, procedures, or requiements
for evaluating or reviewing each safety, effcacy, or bioavailability representation made
for the DCO Products. (CX 38).
192. It was not Respondents' practice to obtain scientific studies about any of the components
in their products. (R16 (P. Feijo, Dep. at 120)).
193. Respondents did not search for scientific studies regarding the components in their
products because "(w)e're workig with people, and agai, it's experential and it's
workig with the whole person." (R16 (P. Feijo, Dep. at 120)).
194. James Feijo agrees that individuaÎ results may var and that what one person says in her
testimonial may not apply to other people. (R15 (J. Feijo, Dep. at 141-42)).
195. According to Patrcia Feijo, "only God can cure cancer." (R16 (P. Feijo, Dep. at 115)).
196. According to Patrcia Feijo, "We (James and Patrcia Feijo) do have knowledge that is
experential. We have seen how these products work. God has shown us (James and
Patrcia Feijo) and given us a wealth of
knowledge and information that - - and we felt it
is ver trthful and actually our duty to share with people." (R 16 (P. F eijo, Dep. at 116)).
197. Patrcia Feijo was unable to identify with specificity which aricles she was relying upon
specifically for the specific claims that brought about the charges in ths case. (P. Feijo,
Tr. 607-08).
BioShark
198. Respondents conducted no scientific testig on Bio*Shark. (R16 (P. Feijo, Dep. at 161)).
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