Complaint Counsel's Post Trial Brief - Federal Trade Commission

CCPF ~ 135.1
d. 7 Herb Formula inhbits tuor formation;
e. GDU elimnates tuors;
f. GDU is effective in the treatment of cancer;
g. BioMixx is effective in the treatment of cancer; and
h. Bio Mixx heals the destrctive effects of radiation and chemotherapy.
Respondents also admt that they represented that they possessed and relied upon a
reasonable basis that substantiated the claims that they made. CCPF ~ 186. Because the
Respondents made health and disease claims, the law requires that they possess competent and
reliable scientific evidence to substantiate such claims. The evidence at tral demonstrated that
Respondents lack any such evidence. Respondents' purorted substantiation amounted to a
collection of literatue scattered about their offce, which was not admitted into evidence for the
trth of
the matters assered therein. Respondents' expers could not testify that there was
competent and reliable scientific evidence to substantiate the claims that Respondents made.
Respondents' rhetoric about religion, paradigm fights, and the First Amendment canot
obscure the trth: Respondents made health and disease claims without substantiation, and by
doing so violated the FTC Act.
II. STATEMENT OF FACTS
A. DCO and the Feijos Have Long Sold Various Products to Consumers
In 1986, James Feijo and his wife Patrcia stared DCO as a health food store. CCPF ~ 6.
From 1990 to 1997, DCO was a for-profit Rhode Island corporation that was organzed "(t)o
engage in the sale, retail, wholesale and distrbution of
health products, including but not limted
to health foods and supplements, namely those with special nutrtive qualities and values."
Pusuant to the Cour's Scheduling Order, Complaint Counsel have submitted the accompanyig
Proposed Findings of Fact ("CCPF") as a separate document.
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