1 Stephen Calkins
General Counsel
2 Ann I. Jones
3 Gregory W. Staples
Federal Trade Commission
4 11000 Wilshire Boulevard, Suite 13209
Los Angeles, California 90024
5 (310) 235-4040
6 Attorneys for Plaintiff
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 ___________________________________)
11 ) Civ. No.
FEDERAL TRADE COMMISSION, )
12 )
Plaintiff, ) COMPLAINT
13 )
v. )
14 )
MOUNTAIN SPRINGS L.L.C., and )
15 MAX PEREZ, )
Defendants. )
16 ___________________________________)
17 Plaintiff, the Federal Trade Commission ("Commission"), by
18 its undersigned attorney, alleges as follows:
19 JURISDICTION AND VENUE
20 1. This is an action under Section 13(b) of the Federal
21 Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), to secure a
22 permanent injunction and other equitable relief, including
23 rescission, restitution and disgorgement, against Defendants'
24 violations of Sections 5(a) and 12 of the FTC Act, 15 U.S.C.
25 45(a) and 52, respecting deceptive acts or practices. This Court
26 has subject matter jurisdiction over Plaintiff's claim pursuant
27
28
1 to 28 U.S.C. §§ 1331, 1337(a) and 1345, and 15 U.S.C. §§ 45(a)
2 and 53(b). Venue in this District is proper under 28 U.S.C.
SNIPPETS:
Gregory W. Staples Federal Trade Commission
21 Trade Commission Act, 15 U.S.C. § 53, to secure a
respecting deceptive acts or practices.
Venue in this District is proper under 28 U.S.C.
Plaintiff Commission is an independent agency of the
enforcement of Sections 5and 12 of the FTC Act,
10 Act, 15 U.S.C. § 53, to initiate court proceedings to enjoin
11 violations of the FTC Act and to secure such equitable relief as
Defendant Mountain Springs L.L.C.
17 complaint, Mountain Springs conducted business in this District.
19 At all times relevant to this complaint,
At all times relevant to this complaint, the Defendants
commerce, as "commerce" is defined in Section 4 of the FTC Act,
maintained a substantial course of trade in the sale of una de
Defendants sold una de gato under the brand name "Manaxx."
Defendants advertised, offered for sale, sold, and distributed
12 advertisements, including testimonials, and telephone sales
13 representations to consumers,
strengthens the immune system.
23 of foods and/or drugs, respectively, in or affecting commerce.
25 Defendants, individually or in concert with others, have
17 representations set forth in paragraph 12,
26 research demonstrates that una de gato strengthens or reinforces
|
