Complaint Counsel's Post Trial Brief - Federal Trade Commission

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V. COMPLAIT COUNSEL is ENTITLED TO THE PROPOSED ORDER AGAINST RESPONDENTS .......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 A. James Feijo is Individually Liable and Thus An Order is Appropriate Against Him . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 B. The Proposed Order is Appropriate for Respondents' Violations. . . . . . . . . . . . 37 Vi. CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
In the Matter of ) ) DANIEL CHAER ONE, a corporation, ) ) ) ) JAMES FEIJO, individually, and as an officer of Daniel Chapter One. ) ) ) ) I. INTRODUCTION UNITED STATES OF AMERICA FEDERA TRAE COMMISSION Docket No. 9329 PUBLIC DOCUMENT COMPLAI COUNSEL'S POST-TRI BRIEF The evidence at tral demonstrated that Respondents Danel Chapter One ("DCO") and James Feijo violated Sections 5(a) and 12 of the <strong>Federal</strong> <strong>Trade</strong> Commssion Act (the "FTC Act") when marketing their Bio*Shark, 7 Herb Formula, GDU, and BioMixx products (collectively, the "DCO Products"). Respondents represented in their adverisements and promotional materals disseminated on the Interet that the DCO Products were effective in preventing, treating, or curg cancer or tuors. Respondents preyed upon desperate, sick consumers "suffer(ing) from any tye of cancer." Respondents touted the DCO Products as "Cancer solutions" that would "stop tuor growth," "fight() tuor formation," and otherise ''battle() cancer." Indeed, Respondents admt that they made the following health and disease clais about the DCO Products: a. Bio*Shark inbits tuor growth; b. Bio*Shark is effective in the treatment of cancer; c. 7 Herb Formula is effective in the treatment or cure of cancer; 1
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 and 18: C. Respondents Claim That Their Pro
Page 19 and 20: and the tuor behind my hear has shr
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: a. The Adverisements in Question Ma
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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