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FTC v J MICHAEL ERNEST Click to find out why . . .



Keywords & Phrases
CaseNo: FVJME105381, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION II, Plaintiff: FTC, State: PA Pennsylvania, UniqueCaseRef: LCD>FVJME105381, Act, Ftc Act, Isis, Breast, Federal Trade Commission, Advertising, Violations, Breast Enhancement, Relief, Trade Commission, Representation, Affecting Commerce, Practices, Sale, Ernest, Redress, Consumers, Drugs, Food, Isis System, Connection, False Advertising, Deceptive Acts, Representations, Cosmetics, Unfair, Disgorgement, Injunction, Award, Competent, District, Settlement, Defendant Ernest, Monetary Relief, Permanent Injunction, Pennsylvania Ave, S/he, Compliance, Sworn, Execute , ContentID: 120254682

Case Documents
1   STIPULATED FINAL ORDER
[ see first page and extracted highlights below  ] ItemID: 131733
11 pages
PDF
2   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 131732
8 pages
PDF
Total Documents: 2 documents , 19 pages
Price: $ 24.95


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1 . STIPULATED FINAL ORDER

EXTRACTED KEY WORDS
REPRESENTATION
FEDERAL TRADE COMMISSION
COMPETENT
DISTRICT
COURT
SETTLEMENT
DEFENDANT ERNEST
MONETARY RELIEF
PERMANENT INJUNCTION
PENNSYLVANIA AVE
S/HE
COMPLIANCE
SWORN
EXECUTE
RELIABLE SCIENTIFIC EVIDENCE
POSSESSES
HEREBY
COVERED PRODUCT
SALE
JURISDICTION
COMPLAINT
FTC
ACT
CALIFORNIA
WASHINGTON
COUNSEL
FOREGOING
UNITED STATES
DECLARATION
1     WILLIAM  E. KOVACIC
      General Counsel
2
      JANET M. EVANS
3     LEMUEL DOWDY
      JOCK CHUNG
4     FEDERAL TRADE COMMISSION
      JE 2404
5     600 Pennsylvania Ave., N.W.
      Mail Drop S-4002
6     Washington, D.C.  20580
      Tel: (202) 326-2125
7     Fax: (202) 326-3259

8     LOCAL COUNSEL
      RAY MCKOWN
9     FEDERAL TRADE COMMISSION
      California Bar # 150975
10    10877 Wilshire Boulevard, Suite 700
      Los Angeles, CA  90024
11    Tel: (310) 824-4325
      Fax: (310) 824-4380
12    Attorneys for Plaintiff,
      FEDERAL TRADE COMMISSION
13
                                               UNITED STATES DISTRICT COURT
14                                  FOR THE CENTRAL DISTRICT OF CALIFORNIA
                                                          WESTERN DIVISION
15
      FEDERAL TRADE COMMISSION,                                       )            Hon.
16                                                                    )
                                                Plaintiff,            )            Civil Action No.
17                                                                    )
                           v.                                         )            [Proposed]
18                                                                    )            STIPULATED FINAL
      J. MICHAEL ERNEST,                                              )            FOR PERMANENT
19                                                                    )            AND SETTLEMENT
                                                Defendant.            )            FOR MONETARY
20                                                                            )

21              Plaintiff, the Federal Trade Commission ("FTC" or "Commission") filed a Complaint

22    permanent injunction and other relief against J. Michael Ernest, pursuant to Section 13(b) of

23    Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b).  Defendant denies the allegations

24    in the Complaint, except jurisdictional facts, but is willing to agree to the entry of the

25    Stipulated Final Order for Permanent Injunction and Settlement of Claims for Monetary Relief
SNIPPETS:
  • FEDERAL TRADE COMMISSION JE 2404
  • LOCAL COUNSEL RAY MCKOWN
  • 23 Federal Trade Commission Act ("FTC Act"),
  • 25 Stipulated Final Order for Permanent Injunction and Settlement of Claims for Monetary
  • settlement of the Commission's Complaint against Defendant.
  • The Court, being advised in the
  • Pennsylvania Ave., N.W., Washington, D.C. 20580.
  • 10 advertising, promotion, offering for sale, sale, or distribution of any covered product is
  • 11 permanently restrained and enjoined from making any representation, in any manner,
  • 13 or any other covered product unless, at the time the representation is made, he possesses
  • 14 relies upon competent and reliable scientific evidence that substantiates the
  • 15 Provided, that for any representation made by Defendant Ernest as an expert endorser, he
  • after receipt by Defendant of this Order as entered by the Court, the Defendant shall execute
  • 12 IV. COMMISSION'S AUTHORITY TO MONITOR COMPLIANCE
  • 26 VII. RETENTION OF JURISDICTION
  • I have personal knowledge of the matters discussed in this declaration,
  • 21 United States District Court Judge for the Central District of California.
  • I hereby declare under penalty of perjury under the laws of the United States of America that
  • foregoing is true and correct.
  • duly sworn, deposes and says that s/he has read and understands the foregoing statement and
  • s/he has executed the same for the purposes contained therein.

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    FTC ACT
    ISIS
    BREAST
    ADVERTISING
    DEFENDANT
    COURT
    VIOLATIONS
    BREAST ENHANCEMENT
    RELIEF
    TRADE COMMISSION
    AFFECTING COMMERCE
    PRACTICES
    ERNEST
    REDRESS
    CONSUMERS
    FEDERAL TRADE COMMISSION
    DRUGS
    FOOD
    ISIS SYSTEM
    SALE
    CONNECTION
    FALSE ADVERTISING
    DECEPTIVE ACTS
    REPRESENTATIONS
    COSMETICS
    UNFAIR
    DISGORGEMENT
    INJUNCTION
    AWARD
    
     1 WILLIAM E. KOVACIC
          General Counsel
     2 JANET M. EVANS
     3 LEMUEL DOWDY
          JOCK CHUNG
     4 FEDERAL TRADE COMMISSION
          JE 2404
     5 600 Pennsylvania Ave., N.W.
          Mail Drop S-4002
     6 Washington, D.C.  20580
          Tel: (202) 326-2125
     7 Fax: (202) 326-3259
    
     8 LOCAL COUNSEL
          RAY MCKOWN
     9 FEDERAL TRADE COMMISSION
          California Bar # 150975
    10 10877 Wilshire Boulevard, Suite 700
          Los Angeles, CA  90024
    11 Tel: (310) 824-4325
          Fax: (310) 824-4380
    12 Attorneys for Plaintiff
    13 FEDERAL TRADE COMMISSION
    
    14                                        UNITED STATES DISTRICT COURT
                                     FOR THE CENTRAL DISTRICT OF CALIFORNIA
    15                                                      WESTERN DIVISION
    
    16                                                                      )
          FEDERAL TRADE COMMISSION,                                         )
    17                                                                      )         Hon.
                                                    Plaintiff,              )
    18                                                                      )         Civil Action No.
                               v.                                           )
    19                                                                      )         COMPLAINT FOR
          J. MICHAEL ERNEST,                                                )          INJUNCTION
    20                                                                      )         AND OTHER
                                                    Defendant.              )         RELIEF
    21                                                               )
    
    22              Plaintiff, the Federal Trade Commission ("FTC" or "Commission") through
    23 its undersigned attorneys, for its Complaint alleges:
    24              1.         Plaintiff FTC brings this action under Section 13(b) of the Federal
    25 Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), to secure a permanent
    26 injunction, restitution, disgorgement, and other equitable relief against Defendant
    27
    
    28                                                                           1
    
    
    SNIPPETS:
  • FEDERAL TRADE COMMISSION JE 2404
  • 25 Trade Commission Act, 15 U.S.C. § 53, to secure a permanent
  • 26 injunction, restitution, disgorgement, and other equitable relief against Defendant
  • for engaging in unfair or deceptive acts or practices and false advertising in
  • connection with the advertising, marketing, and sale of an alleged breast
  • FTC Act, 15 U.S.C. §§ 45and 52.
  • 14 prohibits unfair or deceptive acts or practices in or affecting commerce.
  • 19 relief, including consumer redress, as may be appropriate in each case.
  • 22 has appeared in advertising for The Isis System to speak in support of the product.
  • 23 Michael Ernest resides or transacts business in this district.
  • consisting of the Isis Breast Enhancement Herbal Cream
  • in connection with sales of the Isis System
  • 21 Defendant appears depict him as possessing an expertise in breast enhancement
  • DEFENDANT'S VIOLATIONS OF THE FTC ACT
  • the purchase of food, drugs, devices, services, or cosmetics.
  • 13 unlawful practices in connection with the marketing and sale of the Isis system.
  • Defendant Ernest did not possess and rely upon a reasonable basis 22 that substantiated the
  • Absent injunctive relief by this Court,
  • continue to injure consumers, reap unjust enrichment, and harm the public 10 interest.
  • redress, disgorgement, and restitution, to prevent and remedy injury caused by 17 Defendant's
  • Award such equitable relief as the Court finds necessary to redress
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