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IN RE HERBAL WORLDWIDE HOLDINGS CORP Click to find out why . . .



Keywords & Phrases
CaseNo: IRHWHC181283, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: FL Florida, UniqueCaseRef: LCD>IRHWHC181283, Respondents, Federal Trade Commission, Complaint, Representation, Acts, Herbal Worldwide Holdings, Officer, Proposed Respondents, Practices, Agreement, José Diaz, Eduardo, Naranjo, Fattach, Consent Order, Advertisement, Commission, Draft Complaint, Disclosure, Principal Office, United States, Ordinary Consumer, Successors, Fat, Directs, Reliable Scientific Evidence, Ingested Fat, Consumer, Que, Affecting Commerce, Advertisements, Weight, Drug, Weight Loss, Substantiates, Ordinary Experience , ContentID: 120247803

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 118855
7 pages
HTML
2   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 118854
4 pages
HTML
3   AGREEMENT CONTAINING CONSENT
[ see first page and extracted highlights below  ] ItemID: 118853
11 pages
HTML
Total Documents: 3 documents , 22 pages
Price: $ 29.95


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1 . DECISION & ORDER

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
SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • Herbal Worldwide Holdings Corp., a corporation, José Diaz, individually and as an officer of
  • The Federal Trade Commission having initiated an investigation of certain acts and practices
  • Respondent Herbal Worldwide Holdings Corp. is a Florida corporation with its principal office
  • 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,
  • Respondent Eduardo N. Naranjo is an owner and officer of proposed respondent Herbal.
  • The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of
  • In an advertisement communicated through an electronic medium, the disclosure shall be
  • Provided, however, that in any advertisement presented solely through video or audio means,
  • The video disclosure shall be of a size and shade, and shall appear on the screen for a
  • "Drug" shall mean as defined in Section 15 of the Federal Trade Commission Act,
  • "Food" shall mean as defined in Section 15 of the Federal Trade Commission Act,
  • IT IS ORDERED that respondents, directly or through any corporation, subsidiary, division, or
  • unless at the time it is made, respondents possess and rely upon competent and reliable
  • IT IS FURTHER ORDERED that respondents, and their successors and assigns shall, for five
  • IT IS FURTHER ORDERED that respondents José Diaz and Eduardo N. Naranjo, for a period of five
  • This order will terminate on September 16, 2018, or twenty years from the most recent date
  • Provided, further, that if such complaint is dismissed or a federal court rules that the l or ruling is upheld on appeal.

  • 2 . COMPLAINT

    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
    
    SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • Herbal Worldwide Holdings Corp., a corporation, José Diaz, individually and as an officer of
  • The Federal Trade Commission, having reason to believe that Herbal Worldwide Holdings Corp.,
  • Respondent Herbal Worldwide Holdings Corp. is a Florida corporation with its principal office
  • Individually or in concert with others, he formulates, directs, or controls the policies,
  • The acts and practices of respondents alleged in this complaint have been in or affecting
  • Respondents have disseminated or have caused to be disseminated Spanish-language
  • a revolutionary product to lose weight easily and in little time.
  • I obtained results very quickly without having to leave my favorite foods.
  • a subscript states "voluntary testimonial").
  • Nutrition specialists agree that Fattaché is the best alternative to absorb the fat in your
  • Through the means described in Paragraph 6, respondents have represented, expressly or by
  • Fattache, a revolutionary product to lose weight easily and in little time.
  • Subscript: "Voluntary testimony"
  • Nutrition specialists agree that Fattache is the best alternative to absorb the fat in your
  • Fattache un producto revolucionario para adelgar facil y en poco tiempo.
  • "Testimonio voluntario"
  • Yo obtuve resultado muy rapido sin tener que dejar las comidas que mas me gustan."
  • "Fattache ayuda a eliminar la grasa que entra en su cuerpo antes que esta sea digerida.
  • Mezclando agua con aceite de oliva, le agregaremos dos capsulas de Fattache que buscara la

  • 3 . AGREEMENT CONTAINING CONSENT

    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.
    
    SNIPPETS:
  • UNITED STATES OF AMERICA
  • and as an officer of the corporation.
  • The Federal Trade Commission has conducted an investigation of certain acts and practices of
  • Proposed respondents, having been represented by counsel, are willing to enter into an
  • Proposed respondent Herbal Worldwide Holdings Corp. is a Florida corporation with its
  • Individually or in concert with others, he formulates, directs, or controls the policies,
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • In an advertisement communicated through an electronic medium, the disclosure shall be
  • Provided, however, that in any advertisement presented solely through video or audio means,
  • The video disclosure shall be of a size and shade, and shall appear on the screen for a
  • IT IS ORDERED that respondents, directly or through any corporation, subsidiary, division, or
  • Such product prevents the absorption of ingested fat;
  • Such product has any beneficial effect, unless at the time it is made, respondents possess
  • IT IS FURTHER ORDERED that respondents, and their successors and assigns shall, for five
  • This order will terminate twenty years from the date of its issuance, or twenty years from
  • The ingredients of Fattaché include psyllium, chitosan, glucomannan, and apple pectin.
  • Fattaché causes weight loss without a change in diet.
  • Testimonials from consumers appearing in advertisements for Fattaché reflect the typical or
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