Complaint Counsel's Post Trial Brief - Federal Trade Commission

CCPF ~ 135.
g. BioMixx is effective in the treatment of cancer; and
h. Bio Mixx heals the destrctive effects of radiation and chemotherapy.
In addition to Respondents' admissions, a facial analysis of
the challenged DCO
Products' advertisements and promotional materals establishes that the Respondents made the
alleged misrepresentations. Respondents' Interet advertisements and promotional materals on
the Interet for the DCO Products convey bold promises of cancer prevention, treatment, and
cure that, if not express, are so strongly implied as to be virtally express.
a. Respondents' Advertsing Represented that Bio*Shark Inhibits
Tumor Growth and Is Effective in Treatig Cancer
Respondents' Web page for Bio*Shark contas both express and strongly implied
representations that create the net impression that Bio*Shark inbits tuor growth, as alleged in
~14 a of the Complait. See Complaint Counsel's Trial Exhbit (hereinafter refered to as CX
~ 12-12A. In the Web page's center, in bold tye, appears the headline "Bio*Shark:
Tumors & Cysts." CX 12-12A; CCPF ~ 152. Respondents' decision to tie unequivocally its
product with tuors and cysts cares the str0ng implication that Bio*Shark is intended to be
used on tuors. Imediately beneath ths statement, the representation is stated virally
expressly: "Pure skeletal tissue of sharks which provides a protein that inbits angiogenesis -­
the formation of new blood vessels. This can stop tumor growth, and halt the progression of
eye diseases. . .." CX 12-12A; CCPF ~ 152 (emphasis added). The claim is restated even more
succinctly in an underlined link near the bottom of the Web page: "Stop Tumor Growth &
Cysts." CX 12-12A. Another link on the same page reinforces ths claim, inviting consumers to
"Read our clients (sic) testimonials on Bio Shark & Tumors." CX 12-12A. The link appears
directly below the "BUY NOW" lin though which consumers may purchase the product. CX
12