Complaint Counsel's Post Trial Brief - Federal Trade Commission

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C. Respondents Dissemiate Claims That the DCO Products "Fight Cancer," "Stop Tumor Growth," and Are a "Cancer Solution" For AU Types of Cancer Respondents advertise their products on the Interet and disseminate information about the DCO Products through the Web sites ww.danelchapterone.com. ww.7herbformula.com. ww.gdu2000.com, ww.dc1pages.com, and ww.dclstore.com. CCPF ii 134, 174, 176. Consumers can locate the Web site ww.danelchapterone.combyenterigtheter..cancet.in a Google search. CCPF ~ 181. Respondents also disseminate information about the DCO Products though prited materals, including the BioGuide, the Cancer Newsletter, aìd ''Te Most Simple Guide to the Most Diffcult Diseases: The Doctors' How-to Quick Reference Guide." CCPF ii 28, 176. These prited materials are available on the Interet. CCPF ii 178 79. The Feijos are responsible for the information dissemated about the DCO Products. CCPF ii 141-42, 146, 180. James and Patrcia Feijo also co-host DCO's radio program, "Danel Chapter One Health Watch," for two hours a day, Monday through Friday. CCPF ~ 183. They have counseled cancer patients who have called into the radio program about takg the DCO Products. CCPF ~ 184. Respondents purosefully use the DCO radio program and the DCO Web sites to reach out to consumers. CCPF ~ 185. On their Web sites, radio program, and in their prit publications, Respondents make numerous claims about how their products are a "Cancer Solution," a "Cancer Treatment," or can be used for "all tyes of cancer" to "fight cancer," "stop tuor growth," "fight tuor formation," "battles cancer," and "digest. . . unwanted tuors." CCPF ii 136-40, 152-55, 157 73. 6
1. Claims That the DCO Products Are For Al Types of Cancer Respondents recommend takng the DCO Products "If you suffer from any tye of cancer," CCPF iM 153, 157, 166, and 171 (emphasis added) and, in their The Most Simple Guide to the Most Difcult Diseases: The Doctors' How-To Quick Reference Guide, recommend the DCO Products for "All types of Cancer:" CCPF ~ 138. Respondents reinforce this claim by listing at least ten different tyes of cancer with consumer "testimonials." CCPF ~ 139. 2. Claims That the DCO Products Wil Fight Cancer The DCO Products all appear in Respondents' Cancer Newsletter, How to Fight Cancer is Your Choice!!!. CCPF ~ 143. Respondents descrbe the DCO Products as a "Cancer solution" and specifically advise consumers to take the DCO Products to "fight" or "battle" cancer: If you suffer from any tye of cancer, Daniel Chapter One suggests takig this products (sic), to fight it: (emphasis added) 7*Herb Formula TM. . . Bio*Shark TM. . . BioMixx TM. . . GDU Caps TM. . . (depiction of bottles ofBioMixx, 7 Herb Formula, Bio*Shark, and GDU) Daniel Chapter One's Cancer solutions To Buy the products click here How to fight cancer is your choice!. . . (emphasis added) CCPF iM153, 157, 166, 171. Respondents use testimonials to convince consumers that the DCO Products wil help them "fight" and "battle" cancer and end up in remssion, claimg that one consumer had ''three inoperable tuors," and that, when she "decided not to do chemotherapy or radiation, my father sent me Bio*Mixx 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 Pur, Siberian Ginseng and BioShark. '" "I am now in complete remission. . ." CCPF ~ 158 (italics added). Similarly, another testimonial 7
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 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: the ter "BioMolecular Nutrtion" to
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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