Complaint Counsel's Post Trial Brief - Federal Trade Commission

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173. In their Cancer Newsletter, entitled How To Fight Cancer is Your Choice!! !, Respondents state that BioMixx "is used to assist the body in fightig cancer and in healing the destrctive effects of radiation and chemotherapy treatments." (CX 23 at FTC-DCO 0400 (emphasis added)). D. Respondents Dissemiate Claims About Their Products to Consumers 174. Respondents operate the Web sites ww.danelchapterone.com.dclpages.com. and dclstore.com that provide information on the DCO Products. (Answer ~ 5; R15 (J. Feijo, Dep. at 62, 232-33)). 175. DCO adverises its products on the DCO Web site. (J. Feijo, Tr. 459,464). 176. Respondents dissemnate information about the DCO Products through wrtten materals, including, but not limted to, the BioGuide, the Cancer Newsletter, the Web sites ww.danelchapterone.com. ww.7herbformula.com. ww.gdu2000.com. and the radio program, "Danel Chapter One Health Watch." (CX 39; R15 (J. Feijo, Dep. at 103); Harson, Tr. 303, 305, 309-10; P. Feijo, Tr. 325, 350, 380; J. Feijo, Tr. 452-54). 177. The radio program "Danel Chapter One Health Watch" is cared by an eclectic group of AM radio stations. (Harson, Tr. 309-10). 178. Respondents' publication, The Most Simple Guide to the Most Diffcult Diseases, is available on the DCO Web site and anyone can stil downoad it. (CX 29 at FTC-DCO 0430; P. Feijo, Tr. 395; J. Feijo, Tr. 453-55). 179. The BioGuide and the Cancer Newsletter are also available on-line though DCO's Web site. (CX 13 at FTC-DCO 0013; CX 13A at FTC-DCO 2828A; CX 29 at FTC-DCO 0430; P. Feijo, Tr. 395; J. Feijo, Tr. 453-55; Tr. 264). 180. Respondent James Feijo and his wife, Patrcia Feijo, are responsible for the information contained in the wrtten materals, including the BioGuide, the Cancer Newsletter, the Web sites ww.dane1chapterone.com. ww.7herbformula.com. ww.gdu2000.com. and the radio program, "Danel Chapter One Health Watch," that descrbe the DCO Products. (CX 39; R15 (J. Feijo, Dep. at 62); P. Feijo, Tr. 350, 380, 395-96). 181. Consumers can locate Respondents' Web site by enterg the ter "cancet' in a Google search. (R15 (J. Feijo, Dep. at 136)). 182. FTC Investigator Michael Maro found and accessed DCO's Web site ww.danelchapterone.com though Microsoft Interet Explorer. (CX 1). 183. Respondent James Feijo and his wife, Patrcia Feijo, co-host the Danel Chapter One radio program for two hours a day, Monday through Friday. (CX 39; R15 (J. Feijo, Dep. at 16-17); Harson, Tr. 303; P. Feijo, Tr. 324; J. Feijo, Tr. 450-51). 184. Respondents have counseled cancer patients who have called into the Danel Chapter One radio program about takng the DCO Products. (R16 (P. Feijo, Dep. at 96-97); J. Feijo, HOJ Tr. 221-22; P. Feijo, Tr. 360-64). 19
185. The DCO radio program and the DCO Web site were the natual vehicle for Respondents to reach out to people in other states. (R16 (P. Feijo, Dep. at 62)). E. Respondents Did Not Possess Substantiation For Such Claims At the Time They Were Made 186. Respondents represented to consumers that they possessed and relied upon a reasonable basis that substantiated the representations set forth in the FTC's <strong>Complaint</strong>. (Answer ~ 15.) the DCO Products. (R16 (P. Feijo, Dep. at 161); R15 (J. Feijo, Dep. at 201-02); P. Feijo, Tr. 405). 187. Respondents conducted no scientific testing on any of 188. Respondents have not conducted (J. Feijo, Dep. at 58, 205-06)). any double-blind studies on the DCO Products. (R15 189. Respondents' have not conducted any controlled studies on any of the DCO Products. (R15 (J. Feijo, Dep. at 54-55)). 190. No person has been involved in the scientific testing, research, substantiation, or clincal trals ofthe DCO Products. (CX 39). 191. Respondents have no documents relating to their policies, procedures, or requiements for evaluating or reviewing each safety, effcacy, or bioavailability representation made for the DCO Products. (CX 38). 192. It was not Respondents' practice to obtain scientific studies about any of the components in their products. (R16 (P. Feijo, Dep. at 120)). 193. Respondents did not search for scientific studies regarding the components in their products because "(w)e're workig with people, and agai, it's experential and it's workig with the whole person." (R16 (P. Feijo, Dep. at 120)). 194. James Feijo agrees that individuaÎ results may var and that what one person says in her testimonial may not apply to other people. (R15 (J. Feijo, Dep. at 141-42)). 195. According to Patrcia Feijo, "only God can cure cancer." (R16 (P. Feijo, Dep. at 115)). 196. According to Patrcia Feijo, "We (James and Patrcia Feijo) do have knowledge that is experential. We have seen how these products work. God has shown us (James and Patrcia Feijo) and given us a wealth of knowledge and information that - - and we felt it is ver trthful and actually our duty to share with people." (R 16 (P. F eijo, Dep. at 116)). 197. Patrcia Feijo was unable to identify with specificity which aricles she was relying upon specifically for the specific claims that brought about the charges in ths case. (P. Feijo, Tr. 607-08). BioShark 198. Respondents conducted no scientific testig on Bio*Shark. (R16 (P. Feijo, Dep. at 161)). 20
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: east examnation by mamography. On 1
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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