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1
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STIPULATED FINAL JUDGMENT
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EXTRACTED KEY WORDS
COMMISSION SALE PHARMACAL SALES ENTRY ARTHUR SUSSMAN JOHN PENCE PERMANENT ACT COURT JUDGEMENT EQUITABLE RELIEF FEDERAL TRADE COMMISSION COMPLAINT REPRESENTATION PURSUANT FTC DISCLOSURE OFFICERS PERSONAL SERVICE EMPLOYEES PERMANENT INJUNCTION WEIGHT LOSS CONSUMER BUSINESS MONETARY RELIEF MATERIALS SERVANTS LABELING EPHEDRINE ALKALOIDS |
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Tampa Division
FEDERAL TRADE COMMISSION, )
)
Plaintiff, )
)
)
) CIVIL
USA PHARMACAL SALES, INC., )
)
JOHN PENCE, and ARTHUR SUSSMAN, )
)
Defendants. )
)
STIPULATED FINAL JUDGMENT AND ORDER FOR A PERMANENT
INJUNCTION AND MONETARY RELIEF AGAINST
USA PHARMACAL SALES, INC., JOHN PENCE, AND ARTHUR SUSSMAN
Plaintiff, the Federal Trade Commission ("FTC" or "Commission") filed a Complaint for
permanent injunction and other relief against USA Pharmacal Sales, Inc., John Pence, and Arthur
Sussman pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15
U.S.C. § 53(b).
The Commission and USA Pharmacal Sales, Inc., John Pence, and Arthur Sussman,
defendants, have stipulated to the entry of the following Stipulated Final Judgment and Order for
Permanent Injunction and Monetary Relief ("Order") against USA Pharmacal Sales, Inc., John
Pence, and Arthur Sussman, in settlement of the Commission's Complaint for Permanent
Stipulated Final Order Page 1 of 24
Injunction and Other Equitable Relief ("Complaint") against defendants, without adjudication of
any issue of fact or law, and without defendants admitting liability for any of the matters alleged
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2
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COMPLAINT
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EXTRACTED KEY WORDS
FTC ACT PRACTICES SAFE CONSUMERS SALES COURT VIOLATION EQUITABLE RELIEF PERMANENT DECEPTIVE ACTS COMPLAINT POUNDS VIRILE PILL REDRESS FEDERAL TRADE COMMISSION DEFENDANTS DISTRICT CALOTROL/MD ERECTILE DYSFUNCTION PLAINTIFF ADVERTISEMENTS ADVERTISING CONNECTION ARTHUR SUSSMAN JOHN PENCE DISGORGEMENT ENABLING USERS MEDICAL SCHOOL |
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Tampa Division
FEDERAL TRADE COMMISSION, )
)
Plaintiff, )
)
v. )
) CIVIL
USA PHARMACAL SALES, INC., )
)
JOHN PENCE, and ARTHUR SUSSMAN, )
)
)
Defendants. )
)
COMPLAINT FOR PERMANENT INJUNCTION AND
OTHER EQUITABLE RELIEF
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), through its
undersigned attorneys, for its Complaint alleges:
1. 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 USA Pharmacal Sales, Inc., John Pence,
and Arthur Sussman ("Defendants") for engaging 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, and products for erectile dysfunction purporting to be
safe, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a), 52.
JURISDICTION AND VENUE
2. This Court has jurisdiction over this matter pursuant to 15 U.S.C. §§ 45(a), 52,
53(b) and 28 U.S.C. §§ 1331, 1337(a), and 1345.
3 Venue in this District is proper under 15 U.S.C. § 53(b) and 28 U.S.C. § 1391(b)
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