Answer and Grounds of Defense of Respondent Klein-Becker USA ...

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Pursuant to Federal Trade Commission ("Commission") Rule of Procedure 3.12, Respondent, Klein-Becker usa, LLC respecthlly submits this Answer and Grounds of Defense in response to the Complaint filed in this matter. With respect to the first paragraph of the Complaint, Klein-Becker usa, LLC denies that the Commission has reason to believe that Respondents have violated the provisions of the Federal Trade Commission Act andlor that this proceeding is in the public interest. follows: Klein-Becker usa, LLC responds to each numbered paragraph of the Complaint as 1. Admitted, except to clarify that the Respondent is a limited liability company. Denied as to "corporation." 2. Admitted, except to clarify that the Respondent is a limited liability company. Denied as to "corporation." 3. Admitted, except to clarify that the Respondent is a limited liability company. Denied as to "corporation." 4. Admitted, except to clarify that the Respondent is a limited liability company. Denied as to "corporation." 5. Admitted, except to clarify that the Respondent is a limited liability company. Denied as to "corporation." 6. The first sentence of Paragraph 6 is admitted, except to clarify that the Respondent BAN, LLC is a limited liability company; denied as to "corporation." As to the second sentence of Paragraph 6, it is admitted that BAN, LLC was named Basic Research, LLC prior to December 27,2002, and that BAN, LLC was named Old Basic Research, LLC between December 27,2002 and March 31,2003; further admitted that, at certain times and under those
earlier names, BAN, LLC has done business as Basic Research, A.G. Waterhouse, Klein-Becker, Nutrasport, and Sovage Dermalogic Laboratories. Denied as to the third sentence of Paragraph 6. 7. Admitted that Dennis Gay is an individual whose principal place of business is at 5742 W. Harold Gatty Dr., Salt Lake City, Utah. Otherwise denied. 8. Admitted that Daniel B. Mowrey is an individual with an office located at 5742 W. Harold Gatty Dr., Salt Lake City, Utah. Otherwise denied. 9. Admitted that Mitchell Friedlander is an individual. Otherwise denied. 10. Denied. 11. Admitted that at certain times Respondent Basic Research, LLC and Respondent BAN, LLC have manufactured, advertised, labeled, offered for sale, sold andlor distributed the products identified in sub-paragraphs 11(A) through 11(F) ("the Products"). Admitted that other Respondents have performed those activities, but only as follows: Respondent A.G. Waterhouse, LLC only with respect to Leptoprin, Respondent Klein-Becker usa, LLC only with respect to Dermalin-APg, Anorex, and PediaLean, Respondent Nutrasport LLC only with respect to Cutting Gel, and Respondent Sovage Dermalogic Laboratories, LLC only with respect to Tummy Flattening Gel. Admitted as to the allegations in sub-Paragraphs ll(A) through 11(F) describing the advertisements. Admitted that each of the Products has been advertised in one or more of the media identified in Paragraph 11, except denied as to "Basic Research's Internet websites." The last sentence of Paragraph 11 states a legal conclusion, to which no response is required. Otherwise denied. 12. Denied in that the Complaint does not accurately characterize the "acts and practices" of the Respondents.
Page 1: In the Matter of BASIC RESEARCH, LL
Page 5 and 6: usa, LLC denies. Further, the phras
Page 7 and 8: 3 1. Denied. Respondent Klein-Becke
Page 9 and 10: having represented that "clinical t
Page 11 and 12: One or more of the advertisements i
Page 13 and 14: DEMAND FOR ATTORNEY'S FEES Responde
Page 15 and 16: CERTIFICATE OF SERVICE I hereby cer
Page 17: FELDMANGALE, P.A. Miami Center - 19

Answer and Grounds of Defense of Respondent Klein-Becker USA ...

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