Complaint Counsel's Post Trial Brief - Federal Trade Commission

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TABLE OF CONTENTS Complaint Counsel's Proposed Findings of Fact and Conclusions ofLaw...........................TAB 1 Complaint Counsel's Post Trial Brief.................................................................................. TAB 2 Complaint Counsel's Exhbit and Witness Indices...............................................................TAB 3
TABt
Page 1: UNITED STATES OF AMERICA BEFORE THE
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 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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