Complaint Counsel's Post Trial Brief - Federal Trade Commission
Complaint Counsel's Post Trial Brief - Federal Trade Commission
Complaint Counsel's Post Trial Brief - Federal Trade Commission
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upon a reasonable basis that substantiated the claims at issue in the <strong>Complaint</strong>. CCPF ~ 186.<br />
Respondents' purorted substantiation is a far cr from "competent and reliable scientific<br />
evidence." Thus, Respondents did not possess a reasonable basis for their adverising<br />
representations and such representations are misleading.<br />
a. Respondents Never Conducted Any Tests or Studies on the<br />
DCO Products<br />
Respondents have failed to produce any competent and reliable scientific evidence to<br />
substantiate their clais that Bio*Shark, 7 Herb Formula, GDU, and/or BioMixx prevent, treat,<br />
or cure cancer or tuors. They have conducted no scientific testing on any of the DCO<br />
Products, and no person or entity, including Universal Nutrtion, has been involved in the<br />
scientific testing, research, substantiation, or clincal trals of the DCO Products. CCPF ii 187<br />
90, 198,203,206-09,211. Furerore, Respondents have no documents relating to their<br />
policies, procedures, or requirements for evaluating or reviewing the safety, effcacy, or<br />
bioavailabilty for the DCO Products. CCPF ~ 191. Respondents did present a seres of aricles<br />
that they purortedly relied upon as substantiation for their claims. However, durg her<br />
testimony at tral, Patrcia Feijo was unable to identify with specificity which aricles she relied<br />
upon as substantiation for the specific claims that brought about the charges in ths case. CCPF<br />
~ 197. Moreover, these aricles were not admtted by the Cour for the trth of the statements<br />
contained therein. See R9a - R9at; Tr. 601-610.<br />
b. Dr. Miler, an Expert Oncologist, Conf"irmed that No<br />
Competent and Reliable Scientic Evidence Exists with<br />
Regard to the DCO Products<br />
At tral, <strong>Complaint</strong> Counsel submitted the Exper Report and testimony of Denis R.<br />
Miler, M.D., a board-cerified pediatrc hematologist/oncologist, which confirmed that no<br />
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