Complaint Counsel's Post Trial Brief - Federal Trade Commission

246. Duke does not recall any holistic physicians who have consulted with him on the
treatment of cancer. (R18 (Duke, Dep. at 19)).
247. Duke does not recall any homeopaths who have consulted with him on the treatment of
cancer. (R18 (Duke, Dep. at 19)).
248. Duke has never managed or paricipated in any studies to measure the effcacy of an herb
in treating cancer. (R18 (Duke, Dep. at 29); Duke, Tr. 522).
249. Duke does not remember ever being a consultant on a study where the anticancer effects
of an herb were being measured on a group of patients. (R18 (Duke, Dep. at 29-30);
Duke, Tr. 523).
250. Duke does not remember seeing the FTC's Complaint against Respondents. (R18 (Duke,
Dep. at 36)).
251. Duke has no knowledge of any of the adverisements that the FTC has challenged as the
predicate for the Complaint. (R18 (Duke, Dep. at 36-37); Duke, Tr. 534).
252. Dukewas not sent any of
Respondents' products and has never seen them. (R18 (Duke,
Dep. at 37); Duke, Tr. 524).
253. Duke has not spoken to any persons who have taken DCO products for the treatment of
cancer. (R18 (Duke, Dep. at 38)).
254. Duke has not reviewed the medical records of anyone who clais to have taken DCO
products for the treatment of cancer. (R18 (Duke, Dep. at 39)).
255. Duke had never heard ofDCO until ths case. (R18 (Duke, Dep. at 39)).
256. Duke remembers being quite surrised when he leared that most ofthe list of chemcals
that Respondents were studyig were not biblical. (Duke, Tr. 536.)
257. Duke has never listened to the DCO Radio program. (R18 (Duke, Dep. at 39)).
258. Duke knows of no tests where the patient prays and one group of patients gets a
Biblically referenced herb and the other group of patient prays and gets an allopathc
treatment. (R18 (Duke, Dep. at 41-42)).
259. Duke does not th that ''the FDA perts adverising for cancer uness clincally
proven." (R18 (Duke, Dep. at 46)).
260. Duke's "Multiple Activity Menus" ("MAs") are an attempt to identify herbs that show
promise in fightig disease. (R18 (Duke, Dep. at 91)).
261. The MA and the ratio that it yields does not prove that anyone of these herbs is
effective in fighting or treating cancer. Rather, "(i)t adds a listing of the chemicals in that
herb that have been shown or assumed to help with cancer." (R18 (Duke, Dep. at 92)).
25