UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Case No:
FEDERAL TRADE COMMISSION,
Plaintiff,
v.
STIPULATED FINAL ORDER
VITAL LIVING PRODUCTS, INC., d/b/a FOR PERMANENT
American Water Service; and INJUNCTION
DONALD R. PODREBARAC,
Defendants.
On [INSERT DATE], plaintiff, the Federal Trade Commission ("FTC" or
"Commission"), filed a complaint for permanent injunction and other relief, pursuant to Section
13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), against Vital Living
Products, Inc. d/b/a American Water Service and Donald R. Podrebarac.
The Commission and Defendants have stipulated to the entry of this Final Order for
Permanent Injunction ("Order") in settlement of the Commission's complaint against
Defendants. The Court, being advised in the premises, finds as follows:
FINDINGS
1. In its complaint, the Commission alleged that Defendants violated Section 5(a) of
the FTC Act, 15 U.S.C. § 45(a). The Commission sought permanent injunctive relief for alleged
deceptive acts or practices by Defendants in connection with the marketing and sale of tests that
purportedly detect the presence of Bacillus anthracis in or on air, water, and surfaces. Bacillus
anthracis can cause the disease anthrax, an acute infectious disease most commonly found in
hoofed mammals. Anthrax is also found in humans.
SNIPPETS:
"Commission"), filed a complaint for permanent injunction and other relief, pursuant to
13of the Federal Trade Commission Act, 15 U.S.C. § 53, against Vital Living
Inc. d/b/a American Water Service and Donald R. Podrebarac.
The Commission and Defendants have stipulated to the entry of this Final Order for
purportedly detect the presence of Bacillus anthracis in or on air, water, and surfaces.
The Commission has the authority under Section 13of the FTC Act,
This Court has jurisdiction over the subject matter of this case,
Venue in the Western District of North Carolina is proper,
The Commission and Defendants stipulate and agree to this Order,
from the complaint to the date of entry of this Order.
fees incurred in connection with this action.
IT IS THEREFORE STIPULATED AND ORDERED, that, for the purposes of this
"Defendants" shall mean Vital Living Products,
E. "Biohazard test or device" shall refer to any product that is advertised, marketed,
promoted, offered for sale, distributed, or sold with express or implied
not employees of the company or who do not work on company premises.
PROHIBITED BUSINESS ACTIVITIES
advertising, promotion, offering for sale, sale, or distribution of any biohazard test or
Defendants' anthrax tests between January 1, 2001 and the date of entry of this Order,
marketing, promotion, offering for sale, distribution or sale of any biohazard test
The Commission is authorized to use representatives posing as consumers and
Inc. has recently entered a settlement agreement with the United States Federal Trade
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