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FTC v HEALTH LABORATORIES OF NORTH AMERICA INC Click to find out why . . .



Keywords & Phrases
CaseNo: FVHLONAI225756, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION II, Plaintiff: FTC, State: DC Washington D.C., UniqueCaseRef: LCD>FVHLONAI225756, Commission, Relief, Officers, Kaplan, Health Laboratories, Berry Trim Plus, Act, Marc, Entry, Practices, Complaint, Federal Trade Commission, Representation, Weight Loss, Ftc Act, Ftc, Pursuant, North America, Weight, Monetary Relief, Permanent Injunction, Equitable Relief, Advertisements, Pounds, Disclosure, Employees, Fat, Covered Product, Ephedrine Alkaloids, Financial Statements, Commerce, Substantial Weight Loss, Materials, Active Concert, Food, Affecting Commerce, Violation, Exercise , ContentID: 120255018

Case Documents
1   STIPULATED FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 132211
22 pages
PDF
2   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 132210
11 pages
PDF
Total Documents: 2 documents , 33 pages
Price: $ 24.95


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1 . STIPULATED FINAL JUDGMENT

EXTRACTED KEY WORDS
COMMISSION
OFFICERS
KAPLAN
RELIEF
ACT
MARC
HEALTH LABORATORIES
ENTRY
COMPLAINT
FEDERAL TRADE COMMISSION
FTC
PURSUANT
NORTH AMERICA
REPRESENTATION
MONETARY RELIEF
PERMANENT INJUNCTION
EQUITABLE RELIEF
PRACTICES
DISCLOSURE
WEIGHT LOSS
EMPLOYEES
COVERED PRODUCT
EPHEDRINE ALKALOIDS
FINANCIAL STATEMENTS
MATERIALS
ACTIVE CONCERT
PARAGRAPH
ESCROW AGENT
PROMOTION
                                             UNITED STATES DISTRICT COURT
                                              FOR THE DISTRICT OF COLUMBIA

______________________________________
                                                                            )
                                                                            )
FEDERAL TRADE COMMISSION,                 )
             Plaintiff,                                                     )
                                                                            )
                           v.                                               )
                                                                             )
HEALTH LABORATORIES OF                                                      )     STIPULATED FINAL
NORTH AMERICA, INC.,                                                        )     AND ORDER FOR A
                                                                            )     INJUNCTION AND
MARC  J.  KAPLAN, individually and                                          )     RELIEF
           as an officer of the corporation                                 )
                                                                            )
                                                                            )
           Defendants.                                                      )
______________________________________ )



           Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), commenced this

action by filing its Complaint for Injunction and Other Equitable Relief ("Complaint") against

defendants Health Laboratories of North America, Inc., and Marc J. Kaplan, the sole officer and

director of Health Laboratories of North America, Inc. (collectively "defendants") pursuant to

Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b).  The

Commission alleges that the defendants engaged in deceptive acts or practices in violation of

Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and seeks a permanent injunction and monetary

relief pursuant to Section 13(b) of the FTC Act.

           The Commission and defendants have stipulated to the entry of the following Stipulated

Final Judgment and Order for Permanent Injunction and Monetary Relief ("Order") in settlement


                                                                            1


of the Commission's Complaint for Permanent Injunction and Other Equitable Relief

SNIPPETS:
  • director of Health Laboratories of North America, Inc. (collectively "defendants") pursuant to
  • Section 13of the Federal Trade Commission Act ("FTC Act"),
  • Section 5of the FTC Act, 15 U.S.C. § 45, and seeks a permanent injunction and monetary
  • relief pursuant to Section 13of the FTC Act.
  • The Commission and defendants have stipulated to the entry of the following Stipulated
  • Final Judgment and Order for Permanent Injunction and Monetary Relief in settlement
  • of the Commission's Complaint for Permanent Injunction and Other Equitable Relief
  • The acts and practices of defendants were and are in or affecting commerce,
  • binding upon defendants, and their officers, agents, servants, representatives,
  • America, Inc., a corporation, and Marc J. Kaplan, individually and as an officer of the
  • the disclosure shall be presented simultaneously in both the audio
  • and ephedrine alkaloids as its active ingredients,
  • "Weight loss product" shall mean any product, program, or service designed or used to
  • "Covered product or service" shall mean any health-related service or program,
  • representatives, employees, and all persons or entities in active concert or participation
  • manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of
  • making any representation, in any manner, expressly or by implication, including through the
  • Within three business days after the entry of this Order, the escrow agent shall transfer
  • right to challenge the Commission's choice of remedies under this Paragraph.
  • completeness of the financial statements and other supplemental documents and information
  • Copies of all advertisements, promotional materials, sales scripts, training

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    FTC ACT
    WEIGHT
    DEFENDANTS
    ADVERTISEMENTS
    WEIGHT LOSS
    PRACTICES
    POUNDS
    FAT
    COMMERCE
    SUBSTANTIAL WEIGHT LOSS
    FOOD
    AFFECTING COMMERCE
    VIOLATION
    EXERCISE
    COURT
    RELIEF
    CONSUMERS
    COMMISSION
    REPRESENTATION
    INCHES
    LOST
    FORMULATION
    FALSE ADVERTISEMENTS
    INTAKE
    RAPID
    HLNA
    HEALTH LABORATORIES
    DRUGS
    DISTRICT
    
                                     UNITED STATES DISTRICT COURT
                                     FOR THE DISTRICT OF COLUMBIA
    
    __________________________________________
    FEDERAL TRADE COMMISSION,                              )
    600 Pennsylvania Avenue, N.W.                          )
    Washington, D.C. 20580                                 )
                                                           )
                                          Plaintiff,       )
                                                           )
                   v.                                      )
                                                           )
    HEALTH LABORATORIES OF                               )
    NORTH AMERICA, INC.,                                   )     COMPLAINT FOR
    14500 N. Northsight Blvd., Suite 200                   )     PERMANENT INJUNCTION
    Scottsdale, Arizona 85260                              )     AND OTHER EQUITABLE
                                                           )     RELIEF PURSUANT TO
                   and                                     )     SECTION 13(b) OF THE
                                                           )     FEDERAL TRADE
    MARC  J.  KAPLAN                                       )     COMMISSION ACT
    8711 E. Pinnacle Peak Drive, Suite 321                 )
    Scottsdale, Arizona, 85255                             )
                                                           )
                                          Defendants.      )
    __________________________________________)
    
    
    
           Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), through its
    
    undersigned attorneys, for its Complaint alleges:
    
           5.      Plaintiff FTC brings this action under Section 13(b) of the Federal Trade
    
    Commission Act ("FTC Act"), 15 U.S.C. § 53(b), to secure a permanent injunction, consumer
    
    redress, disgorgement, and other equitable relief against Defendants for having engaged in unfair
    
    or deceptive acts or practices in connection with the advertising, marketing, and sale of products
    
    purporting to cause substantial weight loss without dieting or exercising, in violation of Sections
    
    5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a), 52.
    
    
                                    JURISDICTION AND VENUE
    
           6.      This Court has jurisdiction over this matter pursuant to 15 U.S.C. §§ 45(a), 52,
    
    
    SNIPPETS:
  • Commission Act, 15 U.S.C. § 53, to secure a permanent injunction, consumer
  • redress, disgorgement, and other equitable relief against Defendants for having engaged in
  • or deceptive acts or practices in connection with the advertising, marketing, and sale of
  • 5and 12 of the FTC Act, 15 U.S.C. §§ 45, 52.
  • This Court has jurisdiction over this matter pursuant to 15 U.S.C. §§ 45, 52,
  • Venue in this District is proper under 15 U.S.C. § 53and 28 U.S.C. § 1391
  • affecting commerce.
  • Defendant Health Laboratories of North America, Inc. (HLNA) is a Nevada
  • Defendant Marc J. Kaplan is the sole officer and director of Health Laboratories
  • Defendants have advertised, labeled, offered for sale, sold, and distributed weight
  • loss products to the public, including Berry Trim Plus, which was sold in two formulations
  • other formulation was identical except that it also contained ephedrine alkaloids from Ma
  • To induce consumers to purchase Berry Trim Plus products,
  • disseminated or caused to be disseminated advertisements through direct mail.
  • That's when I found a 100% natural weight loss secret that melts away extra pounds and inches.
  • It has unlocked the secret to losing all the weight you want, safely, naturally and quickly
  • different clinical studies showed that HCA from brindall berries causes very rapid and
  • Fat synthesis was inhibited 76% and 77% respectively at those times.
  • Berry Trim Plus combines this HCA with a synergistic blend of key nutrients which, used in
  • Soon, without any effort at all, you have lost pounds and inches just like over 1 million
  • NO Fen-Phen or Drugs Of Any Kind!
  • the making of the representation set forth in Paragraph 11 above
  • constitutes a deceptive practice, and the making of false advertisements, in or affecting
  • commerce, in violation of Sections 5and 12 of the FTC Act, 15 U.S.C. §§ 45and 52.
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