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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION COMPLAINT CONSUMER SPENCER TRADE COMMISSION ACT AARON COMPANY DISCLOSURE ROBERT AGREEMENT JURISDICTIONAL FACTS LABEL REPRESENTATION ADVERTISEMENT D/B/A AARON COMPANY LISA THEREAFTER CONSENT EPHEDRINE ALKALOIDS COLLOIDAL SILVER COVERED PRODUCT LABELING INFECTIONS UNITED STATES PRACTICES DRAFT COMPLAINT CONSUMER PROTECTION CHARGE RESPONDENTS VIOLATIONS ADMISSION |
0023312
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
COMMISSIONERS:
Timothy J. Muris, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
Thomas B. Leary
In the Matter of
ROBERT C. SPENCER individually and d/b/a Aaron Company, and
LISA M. SPENCER individually and d/b/a Aaron Company.
DOCKET NO. C- 4019
DECISION AND ORDER
The Federal Trade Commission having initiated an investigation of
certain acts and practices of the respondents named in the caption
hereof, and the respondents having been furnished thereafter with a
copy of a draft complaint which the Bureau of Consumer Protection
proposed to present to the Commission for its consideration and which,
if issued by the Commission, would charge respondents with violations
of the Federal Trade Commission Act; and
The respondents and counsel for the Commission having thereafter
executed an agreement containing a consent order, and admission by the
respondents of all the jurisdictional facts set forth in the draft
complaint, a statement that the signing of said agreement is for
settlement purposes only and does not constitute an admission by
respondents that the law has been violated as alleged in such
complaint, or that the facts as alleged in such complaint, other than
jurisdictional facts, are true, and waivers and other provisions as
required by the Commission's Rules; and
The Commission having thereafter considered the matter and having
determined that it had reason to believe that the respondents violated
the said Act, and that a complaint should issue stating its charges in
that respect, and having thereupon accepted the executed consent
agreement and placed such agreement on the public record for a period
of thirty (30) days, now in further conformity with the procedure
prescribed in Section 2.34 of its Rules, the Commission hereby issues
its complaint, makes the following jurisdictional findings, and enters
the following order:
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2
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COMPLAINT
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EXTRACTED KEY WORDS
RESPONDENTS AARON TRADE COMMISSION ACT FEDERAL TRADE COMMISSION VITAMIN INTERNET WEB SITE INFECTIONS DISEASE CHITOSAN ULTIMATE ENERGIZER PURCHASE REPRESENTATION SET ANTIBIOTICS PARAGRAPH PRACTICES MEDICAL CLAIMS TREATMENT DISEASE CAUSING ORGANISMS AARON COMPANY COMPLAINT EDUCATIONAL PURPOSES DRUG ADMINISTRATION EFFECTIVENESS DISCLAIMER EXPERIENCES COLLOIDAL SILVER LIQUID PROMOTIONAL CLAIMS LYME DISEASES IMPLICATION |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
____________________________________
))
In the Matter of ) DOCKET NO.
)
ROBERT C. SPENCER )
individually and d/b/a )
Aaron Company, and )
)
LISA M. SPENCER )
individually and d/b/a )
Aaron Company . )))
____________________________________)
COMPLAINT
The Federal Trade Commission, having reason to believe that Robert C. Spencer and
Lisa M. Spencer ("respondents"), individually and doing business as Aaron Company have
violated the provisions of the Federal Trade Commission Act, and it appearing to the
Commission that this proceeding is in the public interest, alleges:
1. Respondents Robert C. Spencer and Lisa M. Spencer are residents of Florida. Their
principal office or place of business is 1580 Masters Road, N.W., Palm Bay, FL 32907.
Together, individually, or in concert with others, they formulate, direct, or control the
policies, acts, or practices of the business operating under the trade name "Aaron Company,"
including the acts and practices alleged in this complaint.
2.a. Respondents have promoted, advertised, labeled, offered for sale, sold and distributed
directly to the public a colloidal silver liquid product called Colloidal Silver, and various
vitamin and herbal products including Chitosan with vitamin C, and Ultimate Energizer,
including by means of an Internet Web site,
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3
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ANALYSIS
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EXTRACTED KEY WORDS
DIETARY SUPPLEMENTS COLLOIDAL SILVER SUBSTANTIATION PROPOSED CONSENT AGREEMENT COMPLAINT INFECTIONS DRUG WARNING DRUG ADMINISTRATION COMMISSION INTENDS DISEASE-CAUSING ORGANISMS ULTIMATE ENERGIZER CHARGES CURING INFECTIONS SUPERIORITY SAFETY HUMAN CONSUMPTION FOOD MULTIPLE SCLEROSIS HIV/AIDS ILLNESSES ANTIBIOTICS HEALING HEALTH PROBLEMS ANIMALS MISREPRESENTING METATAGS |
Analysis of Proposed Consent
Order to Aid Public Comment
The Federal Trade Commission has accepted an agreement, subject to
final approval, to a proposed consent order from Robert M. Spencer and
Lisa Spencer, d/b/a/ Aaron Company ("proposed respondents"). Proposed
respondents marketed "Colloidal Silver," a dietary supplement
allegedly containing submicroscopic particles of silver that was
intended to be taken orally for the cure and treatment of more than
650 diseases. In addition, proposed respondents marketed other dietary
supplements, including Chitosan with vitamin C for substantial weight
loss without a restricted calorie diet, and Ultimate Energizer as a
stimulant and energizer claiming it was safe with no side effects.
The proposed consent order has been placed on the public record for
thirty (30) days for reception of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) days, the Commission will again review the
agreement and the comments received and will decide whether it should
withdraw from the agreement and take other appropriate action or make
final the agreement's proposed order.
The Commission's complaint charges that proposed respondents made
false claims that their Colloidal Silver product had been (1)
medically proven to kill over 650 disease-causing organisms in the
body; and (2) successfully used to treat all known infections. The
Commission's complaint also charges that proposed respondents failed
to have a reasonable basis for claims they made about the Colloidal
Silver product's (1) efficacy in treating and curing cancer, multiple
sclerosis, HIV/AIDS, and other specific illnesses; (2) superiority to
antibiotics in healing and curing infections; (3) safety for human
consumption without side effects; and (4) superiority in treating
various medical and health problems in animals. Proposed respondents
have also been charged with failing to have a reasonable basis for
claims they made about the efficacy of their Chitosan with vitamin C
product, the safety claims for their Ultimate Energizer product
containing Mahuang, and other substances. Such claims, promoting
dietary supplements, appeared on the website that proposed respondents
produced or caused to be produced.
Part I of the consent order prohibits proposed respondents from
misrepresenting, including by means of metatags, any claims that
Colloidal Silver or any service, program, dietary supplement, food,
drug, or device, has been medically proven to kill disease-causing
organisms or any number of infections in the body.
Part II of the order requires competent and reliable scientific
evidence to substantiate representations that Colloidal Silver or any
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4
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EXHIBITS 1-8
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EXTRACTED KEY WORDS
INFECTIONS TREATMENT FOOD PRICE PROD VITAMIN CURE QTY SYMPTOMS DISEASE ANTIBIOTICS EYE SUPPLEMENTS CONTROL SILVER WATER SKIN INFECTIONS DRUG ADMINISTRATION DIETARY FOOD SUPPLEMENTS SPECIAL BLEND GLUCOSAMINE CHONDRIOTIN SULFATES WORK ARTHRITIS UNLIKE CRANBERRY JUICE LYME DISEASE EXPERIENCES MEDICAL CLAIMS OSTEOARTHRITIS DAMAGING ENZYMES INFLAMMATION |
Vitamins And More From Aaron Co. Colloidal Silver Specialists
. I
_I
l Aaron Co. Brings You The Most Important And Most
Used Dietary Food Supplements On The Market Today
l Osteoarthritis l Depenerative
0 Urinary Infections l OverweiPht
l Prostate Enlawement l Coronary
l Memory Loss l Exhaustion And
l Vitamin Deficiencies l All Types Of
JOINT EEEZ PLUS This product is a blend of Glucosamine (250 mg), Chondroitin
Manganese (8.33 mg) Sulfates, and Vitamin C (83.3 mg) that has been designed
and symptoms of osteoarthritis. Dr. Jason Theodaskis, M.D. in his best
cure" has shown that glucosamine and chondriotin sulfates work synergistically
development of new cartilage while keeping damaging enzymes under control.
PLUS is a special blend of both glucosamine and chondroitin sulfate which
other supplements and treatments for osteoarthritis can not; it may actually
while it reduced both pain and inflammation. The 180 capsules is
http://www.colloidalsilver.net/vitamins.htm Gmhihit 1
Vitamins And More From Aaron Co. Colloidal Silver Specialists
.
&ply .PROD. NO. 620, QTY. 180, PRICE $25.30
CRANBERRY CONCENTRATE (540 me.) Mostly for women who are
cystitis and urinary tract infections. Unlike cranberry juice beverages which are
sugar and high in calories, cranberry concentrate capsules are more potent and
ingredients, CRANBERRY CONCENTRATE has been cited as an effective
infections in the U.S. Pharmacopeia, the official listing of drugs in the
269, QTY 100, PRICE $9.30.
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5
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AGREEMENT
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EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION COLLOIDAL SILVER COMPLAINT AARON COMPANY PROPOSED RESPONDENTS ACTS SPENCER REPRESENTATION BUSINESS AGREEMENT ROBERT INDIVIDUALIY INFECTIONS DISEASE PRACTICES PRINCIPALS ANTIBIOTICS DRAFT COMPLAINT DISCLOSURE ORGANISMS PARAGRAPH TREATMENT ADVERTISEMENT DRUG ADMINISTRATION EDUCATIONAL PURPOSES EFFECTIVENESS CONSENT ORDER HEREBY D/B/A AARON COMPANY |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
>
In the Matter of > FILE NO. 00233 12
>
ROBERT C. SPENCER 1
individually and d/b/a >
Aaron Company, and )>
LISA M. SPENCER > AGREEMENT CONTAINING
individually and d/b/a > CONSENT ORDER
Aaron Company . 1>
The Federal Trade Commission has conducted an investigation of certain acts and practices
of proposed respondents, Robert C. Spencer and Lisa M. Spencer, individualIy and doing business
as Aaron Company. The Spcncers arc willing to enter into an agreement containing a consent
order resolving the allegations contained in the attached dtafk complaint. Therefore:
IT IS HEREBY AGREED by and between Robert C. Spencer and Lisa M. Spencer ("`proposed
respondents"), individually and d/b/a Aaron Company, and counsel for the Federal Trade
Commission that:
1. Proposed respondents Robert C. Spencer and Lisa M. Spencer are residents of Florida.
Their principal office or place of business is 1580 Masters Road, N.W., Palm Bay, FL 32907.
Together, individually, or in concert with others, they formula& direct, or control the policies,
or practices of the business operating under the trade name "Aaron Company."
2. Proposed respondents admit all the jurisdictional facts set forth in the draft complaint.
3. Proposed respondents waive:
a. Any further procedural steps;
b. The m@rernent that the Commission's decision contain a statement of findings of
Pagelof 11
fact and conclusions of law; and
C. All rights to seek judicial review or otherwise to challenge or contest the
the order entered pursuant to this agreement.
4. This agreement shall not become part of the public record of the proceeding unless and
it is accepted by the Commission. If this agreement is accepted by the Commission, it, together
with the draft complaint, will be placed on the. public record for a period of thirty (30) days and
information about it publicly rclcased. The Commission themafter may either withdmw its
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