LegalCaseDocs.com
shopping cart  
  |     
Search
 

 
New Visitors


 VeriSign Secure Site

 Get Adobe Reader

IN RE KCD HOLDINGS INC Click to find out why . . .



Keywords & Phrases
CaseNo: IRKHI102802, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: NV Nevada, UniqueCaseRef: LCD>IRKHI102802, Respondents, Kcd, Representation, Federal Trade Commission, Complaint, Kcd Holdings, Deerfield, Sequester, Hatto, Acts, Officer, Consent Order, Fat, Practices, Principals, Agreement, Consumers, Weight Loss, Consumed Food, Kcd/deerfield Consent Order, Commission, Advertisements, Absorption, Former Officer, High Cholesterol, Reliable Scientific Evidence, Significant Weight Loss, Draft Complaint, Representations, Food, Respondents Imt, Eat High-fat Foods, Cholesterol Reduction Product, Paragraph , ContentID: 120247832

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 118960
9 pages
PDF
2   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 118958
8 pages
PDF
3 1996-12-13 CONSENT AGREEMENT
[ see first page and extracted highlights below  ] ItemID: 118959
24 pages
PDF
Total Documents: 3 documents , 41 pages
Price: $ 29.95


IVESLCD01 KGI0001
 
 

 Forgot your password?


1 . DECISION & ORDER

EXTRACTED KEY WORDS
COMMISSION
REPRESENTATION
KCD
OFFICER
COMPLAINT
FEDERAL TRADE COMMISSION
ACTS
BUSINESS
DIRECTS
SALE
PAYMENT
MANNER
KCD HOLDINGS
CALIFORNIA
RELIABLE SCIENTIFIC EVIDENCE
LABELING
DISTRIBUTION
FUNDS
PRACTICES
DEERFIELD
CITY
EMPLOYEES
AFFECTING COMMERCE
CONSUMERS
AGENTS
CONNECTION
SEQUESTER
ESCROW
SECURITY
                                                                                      9423237
                                                                                      B221248

                                      UNITED STATES OF AMERICA
                              BEFORE FEDERAL TRADE COMMISSION


COMMISSIONERS: Robert Pitofsky, Chairman
                          Mary L. Azcuenaga
                          Janet D. Steiger
                          Roscoe B. Starek, III
                          Christine A. Varney

__________________________________________)
       In the Matter of                                         )
                                                                )
KCD HOLDINGS, INC.,                                             )
KCD, INCORPORATED,                                              )
and DEERFIELD CORPORATION,                                      )     DOCKET NO. C-3752
corporations, and                                               )
                                                             )        DECISION AND ORDER
CLARK M. HOLCOMB,                                               )
individually and as a former officer of                         )
KCD Holdings, Inc., and KCD, Incorporated,                      ))
BONNIE L. RICHARDS,                                             )
individually and as an officer of                               )
KCD Holdings, Inc., and KCD, Incorporated,                      )
and                                                             ))
GERALD E. HATTO,                                                )
individually and as an officer of                               )
Deerfield Corporation.                                          )
__________________________________________)


       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 Seattle 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


                                                           1



       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
for settlement purposes only and does not constitute an admission by the respondents that the law
SNIPPETS:
  • The Federal Trade Commission having initiated an investigation of certain acts and practices
  • business located at 2835 Townsgate Road, Suite 110, in the City of Westlake Village, State of
  • Respondent KCD, Incorporated, is a corporation organized, existing and doing business under
  • Respondent Deerfield Corporation is a corporation organized, exiting and doing business under
  • Respondent Clark M. Holcomb was an officer of KCD Holdings, Inc., and KCD, Incorporated.
  • He formulated, directed and controlled the policies, acts and practices of these corporations.
  • Respondent Bonnie L. Richards is an officer of KCD Holdings, Inc., and KCD, Incorporated.
  • She formulates, directs and controls the policies, acts and practices of these corporations.
  • "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies or
  • "Deerfield respondents" shall mean Deerfield Corporation, a corporation, its successors and
  • IT IS ORDERED that respondents, directly or through any corporation, subsidiary, division or ntation is true and, at the time it is made, respondents possess and rely upon competent and
  • IT IS FURTHER ORDERED that KCD Holdings, Inc., KCD Incorporated and Bonnie L. Richards, their
  • This payment shall be made in the following manner:
  • In order to secure payment of respondents' indebtedness to the Commission, within seven days by respondents in Part VIIof this order.
  • If the Commission determines, in its sole discretion, that redress to purchasers of this
  • F. Respondents relinquish all dominion, control and title to the funds paid into the escrow

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    KCD
    FAT
    RESPONDENTS
    REPRESENTATIONS
    FOOD
    PARAGRAPH
    KCD HOLDINGS
    ADVERTISEMENTS
    RESPONDENTS DEERFIELD
    ACTS
    WEIGHT
    CONSUMERS
    PRINCIPAL OFFICE
    REPRESENTATIONS SET
    EXHIBITS
    ABSORPTION
    PRACTICES
    TABLETS
    WEIGHT LOSS
    FEDERAL TRADE COMMISSION
    REASONABLE BASIS
    HATTO
    COMPLAINT
    DIET
    HIGH-FAT
    BUSINESS
    CONTROLS
    MEALS
    IMPLICATION
    
                                                                                      9423237
                                                                                      B221248
    
    
                                          UNITED STATES OF AMERICA
                                         FEDERAL TRADE COMMISSION
    
    
    ________________________________________________)
           In the Matter of                                     )
                                                                )
    KCD HOLDINGS, INC.,                                         )
    KCD, INCORPORATED,                                          )
    and DEERFIELD CORPORATION,                                  )
    corporations, and                                           )
                                                                )
    CLARK M. HOLCOMB,                                           )
    individually and as a former officer of                     )
    KCD Holdings, Inc., and KCD, Incorporated,                  ))
    BONNIE L. RICHARDS,                                         )      DOCKET NO. C-3752
    individually and as an officer of                           )
    KCD Holdings, Inc., and KCD, Incorporated,                  )
    and                                                         ))
    GERALD E. HATTO,                                            )
    individually and as an officer of                           )
    Deerfield Corporation.                                      )
    ________________________________________________)
    
    
                                                 COMPLAINT
    
    
           The Federal Trade Commission ("Commission"), having reason to believe that KCD,
    Incorporated, KCD Holdings, Inc., and Deerfield Corporation, corporations, and Clark M.
    Holcomb, individually and as a former officer of KCD, Incorporated, and KCD Holdings,
    Inc., and Bonnie L. Richards, individually and as a current officer of KCD, Incorporated, and
    KCD Holdings, Inc., and Gerald E. Hatto, individually and as an officer of Deerfield
    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 of 8
    
    
    
    1.     Respondent KCD Holdings, Inc. ("KCD Holdings"), is a Nevada corporation with its
    principal office or place of business at 2835 Townsgate Road, Suite 110, Westlake Village,
    California 91361.
    
    
    SNIPPETS:
  • The Federal Trade Commission, having reason to believe that KCD, Incorporated, KCD Holdings, ct, and it appearing to the Commission that this proceeding is in the public interest, alleges:
  • Respondent KCD Holdings, Inc., is a Nevada corporation with its principal office or place of
  • Individually or in concert with others, he has formulated, directed, controlled or
  • Individually or in concert with others, she formulates, directs, controls or participates in
  • Respondent Gerald E. Hatto is an officer and the owner of Deerfield.
  • Respondents have advertised, labeled, offered for sale, sold and distributed products to the
  • SeQuester is a "food" and/or "drug," within the meaning of Sections 12 and 15 of the Federal
  • Since at least May 1994, respondents KCD, KCD Holdings, Holcomb and Richards have advertised,
  • The KCD respondents have prepared and disseminated or have caused to be disseminated
  • It's in the diet section,
  • SeQuester tablets 30 minutes before meals.
  • Don't look now, weight watchers, but the holidays are gaining on us.
  • SeQuester prevents or significantly reduces the body's absorption of fat from
  • Scientific research demonstrates that SeQuester causes significant weight loss.
  • Through the means described in Paragraph 10, the KCD respondents have represented, expressly
  • Use of SeQuester allows consumers to eat high-fat foods without increasing
  • Through the means described in Paragraph 10, including but not limited to the advertisements

  • 3 . CONSENT AGREEMENT

    EXTRACTED KEY WORDS
    KCD
    REPRESENTATION
    FEDERAL TRADE COMMISSION
    COMPLAINT
    DEERFIELD
    KCD HOLDINGS
    HATTO
    CONSENT ORDER
    ACTS
    OFFICER
    SEQUESTER
    PRACTICES
    PRINCIPALS
    FAT
    AGREEMENT
    CONSUMED FOOD
    KCD/DEERFIELD CONSENT ORDER
    WEIGHT LOSS
    FORMER OFFICER
    HIGH CHOLESTEROL
    CONSUMERS
    SIGNIFICANT WEIGHT LOSS
    DRAFT COMPLAINT
    ABSORPTION
    RESPONDENTS IMT
    EAT HIGH-FAT FOODS
    CHOLESTEROL REDUCTION PRODUCT
    RELIABLE SCIENTIFIC EVIDENCE
    ADVERTISEMENTS
    
                                                  UNITED STATES OF AMERICA
                                                  FEDERAL TRADE COMMISSION
    
    __________________________________________ )
            In the Matter of                                        )
                                                                          )
    KCD HOLDINGS, INC.,                                             )
    KCD, INCORPORATED,                                              )
    and DEERFIELD CORPORATION,                                      )     FILE NO. 942 3237
    corporations, and                                               )
                                                                     )
    CLARK M. HOLCOMB,                                               )     AGREEMENT CONTAINING
    individually and as a former officer of                         )     CONSENT ORDER AS TO
    KCD Holdings, Inc., and KCD, Incorporated,                      )     KCD HOLDINGS, INC.,
                                                                    )     KCD, INCORPORATED,
    BONNIE L. RICHARDS,                                             )     DEERFIELD CORPORATION,
    individually and as an officer of                               )     CLARK M. HOLCOMB,
    KCD Holdings, Inc., and KCD, Incorporated,                      )     BONNIE L. RICHARDS AND
    and                                                             )     GERALD E. HATTO
                                                                    )
    GERALD E. HATTO,                                                )
    individually and as an officer of                               )
    Deerfield Corporation.                                          )
    __________________________________________)
    
    
            The Federal Trade Commission ("Commission") has conducted an investigation of certain acts
    and practices of KCD Holdings, Inc. ("KCD Holdings"), KCD, Incorporated ("KCD"), corporations,
    and their former officer, Clark M. Holcomb, and current officer, Bonnie L. Richards, and Deerfield
    Corporation ("Deerfield"), a corporation, and its principal, Gerald E. Hatto ("proposed
    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 KCD Holdings, KCD and Deerfield, by their duly
    authorized officers, and Clark M. Holcomb, individually and as a former officer of KCD Holdings and
    KCD, Bonnie L. Richards, individually and as an officer of KCD Holdings and KCD, and Gerald E.
    Hatto, individually and as a principal of Deerfield, and counsel for the Commission that:
    
    
    Page 1 of 11
    KCD/Deerfield Consent Order, December 13, 1996
    
    
    
    1.a.    Proposed respondent KCD Holdings is a Nevada corporation with its principal office or place
    business at 2835 Townsgate Road, Suite 110, Westlake Village, California 91361.
    
    1.b.    Proposed respondent KCD is a California corporation with its principal office or place of
    
    SNIPPETS:
  • Proposed respondents, having been represented by counsel, are willing to enter into an
  • IT IS HEREBY AGREED by and between KCD Holdings, KCD and Deerfield, by their duly authorized
  • Page 1 of 11 KCD/Deerfield Consent Order, December 13, 1996
  • Individually or in concert with others, he has formulated, directed, controlled or
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies or
  • "Commerce" shall mean as defined in Section 4 of the Federal Trade Commission Act,
  • IT IS ORDERED that respondents, directly or through any corporation, subsidiary, division or ntation is true and, at the time it is made, respondents possess and rely upon competent and
  • Reduces, or reduces the risk of, high cholesterol, clogged arteries, heart disease
  • F. Respondents relinquish all dominion, control and title to the funds paid into the escrow
  • IT IS FURTHER ORDERED that respondents shall deliver a copy of this order to all current and
  • Since at least May 1994, respondents KCD, KCD Holdings, Holcomb and Richards have advertised,
  • SeQuester significantly reduces the body's absorption of sugar from consumed food.
  • Scientific research demonstrates that SeQuester causes significant weight loss.
  • Scientific research does not demonstrate that SeQuester causes significant weight loss.
  • Use of SeQuester allows consumers to eat high-fat foods without gaining weight.
  • The Commission's complaint against the KCD respondents, Deerfield and Hatto, charges these
  • The complaint also charges that respondents IMT, EHI and Shell failed to possess and rely
  •    |