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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
COMMISSION COMPLAINT FEDERAL TRADE COMMISSION OFFICER ACTS REPRESENTATION DISCLOSURE CONSUMER ADVERTISEMENT DRUG PRACTICES BUSINESS JOSé DIAZ EDUARDO NARANJO VIOLATION PRINCIPAL OFFICE DIRECTS SUCCESSORS AGREEMENT JURISDICTION RELIABLE SCIENTIFIC EVIDENCE ORDINARY CONSUMER EMPLOYMENT FOOD LABELING SALE TERMINATE AFFECTING |
9723157
B244830
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
Commissioners:
Robert Pitofsky, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
In the Matter
Herbal Worldwide Holdings Corp., a corporation, José Diaz,
individually and as an officer of the corporation, and Eduardo N.
Naranjo, individually and as an officer of the corporation.
DOCKET NO. C-3827
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 of complaint which the San Francisco Regional Office
proposed to present to the Commission for its consideration and which,
if issued by the Commission, would charge respondents with violation
of the Federal Trade Commission Act; and
The respondents, their attorney, and counsel for the Commission having
thereafter executed an agreement containing a consent order, an
admission by the respondents of all the jurisdictional facts set forth
in the aforesaid draft of 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 have
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 sixty (60) days, now in further conformity with the
procedure prescribed in § 2.34 of its Rules, the Commission hereby
issues its complaint, makes the following jurisdictional findings and
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2
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COMPLAINT
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EXTRACTED KEY WORDS
RESPONDENTS ACTS FAT QUE FEDERAL TRADE COMMISSION OFFICER PRACTICES ADVERTISEMENTS WEIGHT TESTIMONY REPRESENTATIONS ALLEGES COMPLAINT VOLUNTARIO CON REASON DIRECTS SUBSCRIPT CAPSULAS PARAGRAPH GRASA CUERPO ABSORB PARA PRINCIPAL OFFICE BUSINESS FOODS AFFECTING COMMERCE REVOLUTIONARY PRODUCT |
9723157
B244830
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
In the Matter of
Herbal Worldwide Holdings Corp., a corporation, José Diaz,
individually and as an officer of the corporation, and Eduardo N.
Naranjo, individually and as an officer of the corporation
DOCKET NO. C-3827
COMPLAINT
The Federal Trade Commission, having reason to believe that Herbal
Worldwide Holdings Corp., a corporation, José Diaz, individually and
as an officer of the corporation, and Eduardo Naranjo, individually
and as an officer of the corporation ("respondents"), 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. Respondent Herbal Worldwide Holdings Corp. ("Herbal") is a Florida
corporation with its principal office or place of business at 3326
Mary Street, Miami, Florida, 33133.
2. Respondent José Diaz is an owner and officer of respondent Herbal.
Individually or in concert with others, he formulates, directs, or
controls the policies, acts, or practices of Herbal, including the
acts or practices alleged in this complaint. His principal office or
place of business is the same as that of Herbal.
3. Respondent Eduardo N. Naranjo is an owner and officer of respondent
Herbal. Individually or in concert with others, he formulates,
directs, or controls the policies, acts, or practices of Herbal,
including the acts or practices alleged in this complaint. His
principal office or place of business is the same as that of Herbal.
4. Respondents have manufactured, advertised, labeled, offered for
sale, sold, and distributed an over-the-counter weight-loss product to
the public called "Fattaché." The ingredients of Fattaché include
psyllium, chitosan (from deacetylated shellfish shells), glucomannan,
and apple pectin. Fattaché is a "food" and/or "drug," within the
meaning of Sections 12 and 15 of the Federal Trade Commission Act.
5. The acts and practices of respondents alleged in this complaint
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3
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION HERBAL WORLDWIDE HOLDINGS PROPOSED RESPONDENTS COMPLAINT REPRESENTATION ACTS OFFICER AGREEMENT JOSé DIAZ EDUARDO NARANJO PRACTICES CONSENT ORDER DRAFT COMPLAINT FATTACH ADVERTISEMENT UNITED STATES INGESTED FAT DISCLOSURE PRINCIPAL OFFICE ORDINARY CONSUMER WEIGHT LOSS SUBSTANTIATES ORDINARY EXPERIENCE AMERICA RELIABLE SCIENTIFIC EVIDENCE SUCCESSORS AFFECTING COMMERCE TESTIMONIALS |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
Herbal Worldwide Holdings Corp., a corporation,
José Diaz, individually and as an
officer of the corporation, and
Eduardo N. Naranjo, individually
and as an officer of the corporation.
FILE NO. 972-3157
AGREEMENT CONTAINING CONSENT ORDER
___________________________________
The Federal Trade Commission has conducted an investigation of certain
acts and practices of Herbal Worldwide Holdings Corp., a corporation,
José Diaz, individually and as an officer of the corporation, and
Eduardo N. Naranjo, individually and as an officer of the corporation
("proposed respondents"). Proposed respondents, having been
represented by counsel, are willing to enter into an agreement
containing a consent order resolving the allegations contained in the
attached draft complaint.
Therefore,
IT IS HEREBY AGREED by and between Herbal Worldwide Holdings Corp., a
corporation, José Diaz, individually and as an officer of the
corporation, and Eduardo N. Naranjo, individually and as an officer of
the corporation, by their duly authorized officers, and counsel for
the Federal Trade Commission that:
1.a. Proposed respondent Herbal Worldwide Holdings Corp. ("Herbal") is
a Florida corporation with its principal office or place of business
at 3326 Mary Street, Miami, Florida, 33133.
1.b. Proposed respondent José Diaz is an owner and officer of proposed
respondent Herbal. Individually or in concert with others, he
formulates, directs, or controls the policies, acts, or practices of
Herbal, including the acts or practices alleged in this complaint. His
principal office or place of business is the same as that of Herbal.
1.c. Proposed respondent Eduardo N. Naranjo is an owner and officer of
proposed respondent Herbal. Individually or in concert with others, he
formulates, directs, or controls the policies, acts, or practices of
Herbal, including the acts or practices alleged in this complaint. His
principal office or place of business is the same as that of Herbal.
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