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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