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Complaint Counsel's Post Trial Brief - Federal Trade Commission

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276. Duke does not thnk of black cohosh as a major anticancer herb. (R18 (Duke, Dep. at<br />

123)).<br />

277. Duke stated that there is no reference to cancer in eleuthero because "that's not one ofthe<br />

major things that are said about it." (R18 (Duke, Dep. at 125-26)).<br />

278. Most ofthe studies Duke has seen have been for preventing cancer. (R18 (Duke, Dep. at<br />

128)).<br />

279. Duke does not remember any studies specifically about treating cancer. (R18 (Duke,<br />

Dep. at 128-29)).<br />

280. Duke testified that anecdotal reports are "even below. . . my lines of evidence." (R18<br />

(Duke, Dep. at 131)).<br />

281. Duke attbutes the increase in life expectancy in the 150 years that pharaceuticals have<br />

been around to pharaceuticals themselves. (R18 (Duke, Dep. at 133)).<br />

282. Duke does not believe that homeostatic balancing has been the subject of any peerreviewed<br />

aricles in connection with the treatment or cure of cancer. (R18 (Duke, Dep. at<br />

133-34).<br />

283. In Duke's IE, there have been no clinical trals as to the effcacy of black cohosh for<br />

cancer. (R18 (Duke, Dep. at 147)).<br />

284. There are no clinical trals regarding garlic's effcacy as to cancer in Duke's IE. (R18<br />

(Duke, Dep. at 148)).<br />

285. There are no clinical trals regarding Yellow Root's effcacy as to cancer in Duke's IE.<br />

(R18 (Duke, Dep. at 149)).<br />

286. There are no clincal trals regarding eleuthero's effcacy<br />

(Duke, Dep. at 153)).<br />

as to cancer in Duke's IE. (R18<br />

287. There are no clinical trals regarding soybean's effcacy as to cancer in Duke's IE. (R18<br />

(Duke, Dep. at 153-54)).<br />

288. There are no entres for sarsaparlla in Duke's IE indicating that it has been evaluated for<br />

its effcacy in treating cancer in clincal trals. (R18 (Duke, Dep. at 156)).<br />

289. The editors of<br />

Duke's book, The Green Pharacy Guide to Healing Foods, advised Duke<br />

to "shy away from" a section on cancer treatment. (R18 (Duke, Dep. at 178)).<br />

290. Duke does not recall seeing any arcles that Mr. and Mrs. Feijo believe substantiated the<br />

claims that they made regarding the paricular DCO Products. (R18 (Duke, Dep. at<br />

185)).<br />

291. Duke has made no effort to evaluate whether the combination of the ingredients in each<br />

ofthe products that DCO sells - GDU, 7 Herb Formula, and BioMixx - has any<br />

synergistic effects. (R18 (Duke, Dep. at 190); Duke, Tr. 525-26).<br />

27

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