1 WILLIAM E. KOVACIC
General Counsel
2 SERENA VISWANATHAN
3 Federal Trade Commission
600 Pennsylvania Avenue, NW, S-4002
4 Washington, DC 20580
Phone (202) 326-3244
5 Fax (202) 325-3259
6 JOHN K. VINCENT
United States Attorney
7 EDMUND BRENNAN
8 Assistant United States Attorney
California Bar No. 092526
9 501 I Street, Suite 10-100
Sacramento, CA 95814
10 (916) 554-2700 (phone)
(916) 554-2900 (fax)
11
12 Attorneys for Plaintiff
13 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
14
15
16 FEDERAL TRADE COMMISSION, Case No. ____________
17 Plaintiff, COMPLAINT FOR PERMANENT
INJUNCTION AND OTHER
18 v. EQUITABLE RELIEF
19 COMSTAR COMMUNICATIONS,
INC., a/k/a COMMUNICATIONS
20 2000, and RANDALL A. CARASCO,
21 Defendants.
22
23 Plaintiff, the Federal Trade Commission ("Commission" or "FTC"), by its undersigned
24 attorneys, alleges as follows:
25 1. This is an action under Section 13(b) of the Federal Trade Commission Act ("FTC
26 Act"), 15 U.S.C. § 53(b), to secure a permanent injunction and other equitable relief against
27 Defendants for their deceptive acts or practices and false advertisements in connection with the
28 advertising, marketing, and sale of purported electromagnetic radiation-blocking cellular
1 patches called "WaveShield" in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C.
2 45(a) and 52.
3 JURISDICTION AND VENUE
4 2. This Court has subject matter jurisdiction over Plaintiff's claim pursuant to
5 U.S.C. §§ 1331, 1337(a) and 1345, and 15 U.S.C. §§ 45(a), 52 and 53(b).
6 3. Venue in this District is proper under 28 U.S.C. §§ 1391(b) and (c) and 15
7 U.S.C. § 53(b).
8 PLAINTIFF
SNIPPETS:
Assistant United States Attorney California Bar No. 092526
26 Act"), 15 U.S.C. § 53, to secure a permanent injunction and other equitable relief against
27 Defendants for their deceptive acts or practices and false advertisements in connection
patches called "WaveShield" in violation of Sections 5and 12 of the FTC Act,
12 for food, drugs, devices, services, or cosmetics, in or affecting commerce.
20 block electromagnetic energy emitted from cellular phones.
that purportedly blocks electromagnetic energy emitted from cellular telephones to consumers
"WaveShield," "WaveShield 1000," and "WaveShield 2000" (collectively referred to herein as
12 WaveShield to consumers throughout the United States by means of television commercial,
22 Cell phone Radiation is serious!
The Wave Shield is a protective system about the size of a penny that adheres to the ear
The WaveShield 1000 features a soft comfort cushion design, about the size of a penny that
10 The WaveShield 1000 blocks up to 99% of the harmful electromagnetic radiation that enters
[Depiction: Concentric circles radiating from a point 14 approximately at the ear.
The circles radiate away from the person's head area.]
22 Blocks up to 97% of electro-magnetic radiation waves that may enter thru the inner ear!
27 the offer, sale, advertising, promotion or distribution of WaveShield.
Therefore, the making of the 10 representations set forth in Paragraph 14 was, and is, a
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