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UNITED STATES v MICHAEL LEVEY et al Click to find out why . . .



Keywords & Phrases
CaseNo: USVMLEA173621, CourtName: MISC 5, Plaintiff: UNITED STATES, State: CA California, UniqueCaseRef: LCD>USVMLEA173621, Patch, Hair, Life, Misleading, Michael, Christine Westheim, Y-bron, Respondents, Therein, Z-3, Lyle Waffconer, Healthier, Representations, Julie Edwards, Patch System, Eurotrym Diet Patch, Pounds, Hungry, Mike Reasan, Whatsoever, Bonus, Representation, Copying, Ithe, Prop, Serum Albumin, Consumers, Supplement, Experiencing, Announcer, Disaster, Carlson, Private, Actors, Forming, Doses, Symptomatolorjyusing, Id-y, Misuse, Audience Member, Marvin Hausman, Lyle Wagconer, Transcript , ContentID: 120255249

Case Documents
1   EXHIBIT F - 2
[ see first page and extracted highlights below  ] ItemID: 132536
1 pages
PDF
2   EXHIBIT F - 1
[ see first page and extracted highlights below  ] ItemID: 132535
1 pages
PDF
3   EXHIBIT E
[ see first page and extracted highlights below  ] ItemID: 132534
2 pages
PDF
4   EXHIBIT D
[ see first page and extracted highlights below  ] ItemID: 132533
1 pages
PDF
5   EXHIBIT C - 3
[ see first page and extracted highlights below  ] ItemID: 132532
1 pages
PDF
6   EXHIBIT C - 2
[ see first page and extracted highlights below  ] ItemID: 132531
1 pages
PDF
7   EXHIBIT C - 1
[ see first page and extracted highlights below  ] ItemID: 132529
1 pages
PDF
8   EXHIBIT B - 1993 DECISION AND ORDER
[ see first page and extracted highlights below  ] ItemID: 132527
17 pages
PDF
9   COMPLAINT 1993
[ see first page and extracted highlights below  ] ItemID: 132525
24 pages
PDF
10 2000-05 EXHIBIT C - 1993
[ see first page and extracted highlights below  ] ItemID: 132530
19 pages
PDF
11 2000-05 EXHIBIT B - 1993
[ see first page and extracted highlights below  ] ItemID: 132528
20 pages
PDF
12 2000-05 EXHIBIT A - 1993
[ see first page and extracted highlights below  ] ItemID: 132526
21 pages
PDF
Total Documents: 12 documents , 109 pages
Price: $ 74.95


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1 . EXHIBIT F - 2

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2 . EXHIBIT F - 1

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3 . EXHIBIT E

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4 . EXHIBIT D

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5 . EXHIBIT C - 3

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6 . EXHIBIT C - 2

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7 . EXHIBIT C - 1

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8 . EXHIBIT B - 1993 DECISION AND ORDER

EXTRACTED KEY WORDS
COPYING
ITHE
PROP
HAIR
SERUM ALBUMIN
CONSUMERS
                                                                                                   
                                                                                                   

                                                       UNITED  STATES  OF  AMERICA
                                              BEFORE  FEDERAL  TRADE  COMMISSION

              COMMISSIONERS:                          Janet  D.  Steiger,                          
                                                      Mary  L.  Azcuenaga
                                                      Deborah  K.  Owen
                                                      Roscoe  B.  Starek,                          
                                                      Dennis  A.  Yao


                         In  the  Matter             of

              MICHAEL  S.  LEVEY,  individually                                              )
                         and  as  an  officer                  of  Positive                  )
                         Response  Marketing,                     Inc.,            and  )
                                                                                             )     
              POSITIVE          RESPONSE  MARKETING,  INC.,                                  )
                         a  corporation,              also  trading-                         )     
                         and  doing  business                    as                          1     
              POSITIVE          RESPONSE-TELEVISION                             and          )
              POSITIVE          RESPONSE  ADVERTISING.                                       1


                         The  Federal         Trade  Commission                          having    
              investigation             of  certain               acts  and  practices             
              named  in  the  caption                       hereof,             and  the 
              furnished          thereafter                 with.a         copy  of  a  draft      

              the  Seattle         Regional                 Office         proposed               
              for  its  consideration                        and  which,                if  issued 
              would  charge  respondents                          with           violation         
              Commission          Act;  and

                         The  respondents,                   their         attorneys,              
              Commission          having        thereafter                      executed           
           a
*"I)
 ?'l
,~'~;c&+~
   B          consent        order,        an  admission                   by  the  respondents    
 , ; \~ I
\~>;,$$T jurisdictional                    facts            set  forth             in  the 
              complaint,          a  statement                 that  the  signing                  
for
              settlement          purposes            only  and  does  not  constitute             
      by
SNIPPETS:
  • consumers.
  • serum albumin.
  • up or prop.
  • ithe copy of the Order.
  • such representation.

  • 9 . COMPLAINT 1993

    EXTRACTED KEY WORDS
    RESPONDENTS
    THEREIN
    Z-3
    LYLE WAFFCONER
    HEALTHIER
    REPRESENTATIONS
    
                                                                                                       
                                                                                                       
    
                                                  UNITED            STATES  OF  AMERICA
                                       BEFORE  FEDERAL  TRADE  COMMISSION
    
    
                                                                                      1
             In  the  Matter               of                                         ) 1
    MICHAEL  S.  LEVEY,  individually                                                 )
             and  as  an  officer                         of  Positive                1
             Response  Marketing,                            Inc.,           and  1
                                                                                      1         Docket 
    POSITIVE  RESPONSE  MARKETING,  INC.,                                             1
             a  corporation,                      also  trading                       1
             and  doing  business                           as                        1
    POSITIVE  RESPONSE  TELEVISION                                     and            1
    POSITIVE  RESPONSE  ADVERTISING.                                                  1
    
    
                                                                    COMPLAINT
    
    
             Pursuant           to  the  provisions                            of  the  Federal        
    Act,     and  by  virtue               of  the  authority                           vested        
    Federal             Trade  Commission,                    having            reason  to  believe    
    Response  Marketing,                          Inc.,       a  corporation,                      also
    business             as  Positive              Response  Television                            and 
    Advertising,              and  Michael                   S.  Levey,               individually     
    of  said  corporation,                         hereinafter                  sometimes           
    respondents,              have  violated                       the  provisions                  of 
    appearing             to  the  Commission                       that        a  proceeding          
    thereof             would  be  in  the  public                           interest,            
    complaint             stating         its        charges                in  that          respect  
    
             PARAGRAPH  1:                        (a)        Respondent                 Michael        
    an  officer            and  shareholder                        of  Positive                Response
     Individually             or  in  concert                      with       others,           he 
    and  controls             the  acts  and  practices                                 of  Positive   
    including             the  acts  and  practices                             alleged            in 
    Levey  resides              at  1975  North                     Topanga  Canyon  Boulevard,        
    California              90290.
    
                (b)       Respondent               Positive                 Response  Marketing,       
    Response"),              is  a  corporation                        organized,              
    business             under  and  by  virtue                        of  the  laws  of  the  State 
    California.               Positive               Response  also  trades                           
    Positive             Response  Television                          and  Positive               
    Positive             Response  has  its                   principal                 office        
    
    SNIPPETS:
  • are, false and misleading.
  • such representations.
  • healthier.
  • Lyle Waffconer:
  • respondents.

  • 10 . EXHIBIT C - 1993

    EXTRACTED KEY WORDS
    ACTORS
    FORMING
    DOSES
    SYMPTOMATOLORJYUSING
    ID-Y
    MISUSE
    AUDIENCE MEMBER
    LIFE
    MARVIN HAUSMAN
    LYLE WAGCONER
    TRANSCRIPT
    
                                 >                EXHIBIT  C
    
                           TRANSCRIPT  OF  Y-BRON  COMMERCIAL
    
    
    Screen:                             The  following                is  a  paid  program.
                                        The  following                special           program  deals 
                                        the  new  homeopathic                     product          
                                        released          to  deal  with  the  problem                 
                                        non-organic            male  impotency.                     
                                        the  topic,          viewer           discretionis
                                        suggested.             The  opinions                 expressed 
                                        those  of  the  doctors                     and  professionals
                                        that  appear,               and  may  not  necessarily         
                                        that  of  the  general                    medical           or
                                        scientific           communities.
    Dr.  Marvin     Hausman:            On  the  low  end,  I  think                      we  should   
                                        that  about  every  one  out  of  eight                        
                                        the  United          States  have  male  sexual
                                        dysfunction            or  impotence.
                                        There  you  go.
    
    Lyle  Waqooner:                     Do  women  have  an  impotence                         problem?
    Announcer:                          Welcome  to  Let's  Talk,                        with  Lyle
                                        Waggoner.
    Lvle  Waaaoner:                     Thank  you.            And  welcome  to  Let's                 
                                       -Now,  we  have  another                     interesting        
                                        today.          As  usual,            we  ask  you,  the
                                        viewing         audience,             to  let  us  know  what
                                        you  want  to  talk                  about.         Well,  you
                                        picked  quite               a  subject           today.        
                                        sensuality.                 It's      certainly             a 
                                        force         in  our  lives.               We  see  it  all
                                        around  us.            In  advertising,                     the
                                        the  clothing               that  we  wear,  just  to
                                        mention         a  few  things.                  However,      
                                        20  million          men  in  this  country                    
                                        who  are  sexually                   impotent/or               
                                        experiencing                some  degree  of  that
                                        problem,          sex  takes  on  a  very  different
                                        light         which  can  lead  to  extreme
                                        frustration            and  a  possible               
                                        a  relationship.                     So  the  focus  of  today's
                                        Let's  Talk  is  on  male  impotence,                          
                                        inability          to  perform              sexually.          
                                        since  we'll          be  dealing               with  some
                                        explicit          sexual  problems,                   we 
                                        using  viewer               discretion.               In  other
                                        words,  today's                program  may  not  be
    
    SNIPPETS:
  • TRANSCRIPT OF Y-BRON COMMERCIAL
  • Lyle Wagconer: So in just three months you showed an
  • Dr. Marvin Hausman: On the low end.
  • In all of my life.
  • Audience Member: What type of misuse could we maybe
  • Id-y
  • is based on symptomatolorJyusing
  • is given in minute doses as a single
  • forming.
  • actors.

  • 11 . EXHIBIT B - 1993

    EXTRACTED KEY WORDS
    EXPERIENCING
    ANNOUNCER
    DISASTER
    HAIR
    CARLSON
    LIFE
    PRIVATE
    
                                                          EXHIBIT  B
    
                         .'         TRANSCRIPT         OF  FOLIPLEXX                   COMMERCIAL
    
    
                Screen:                  The  following                    is  a  paid  program.
    
                Announcer:               The  following                    special         program 
                                         new  and  exciting                    product             
                                         available               without             prescription      
                                         problem           of  nonheredity-related                     
                                         and  baldness.                     The  medical               
                                         expressed               here  are  the  opinions              
                                         professionals                     who  appear  in  this 
                                         may  not  necessarily                          reflect        
                                         general           scientific                 community.       
    &p&                                  positive               results        shown  in  this 
    '?@,$                                can  only  be  realized                          with  the 
                                         usage  of  the  Foliplexx                              System.
    
                Woman:                   I  love  guys  with  dark  thick                              
                                         their         --  my  fingers                  through        
    
                Man:                     My  girlfriend                    likes        it  better     
                                         know  that              Pm  not  going  to  be  bald  in 
                                         couple          of  years.
    
                Woman:                   I  mean  it  could  be  gray  hair                            
                                         of  hair          and  they  look  distinguished,             
                                         is  just          .  .  .  out.
    
                Man:                     Most  people               never  admit  that  they're        
                                         any  hair,              'cause  it's,                  it%    
    &$&                                  it's,         it's        an  ego  type  thing.
     3
     ' X,,~
       ,
    :<"Qsr,;'
    *W@
     c          Woman:                   They  should  really                         take  advantage  
                                         use  whatever               product              there'is     
                                        5 hair  put  on  their                       heads.            
                                         and  that's               for  sure.
    
                Man:                     okay  I  even  at  my  age,  by  jingle,                      
                                         you  want  to  look  your  best.
    
                Announcer:               Welcome  to  Breakthrough                               '88, 
                                         program  dedicated                          to  keeping       
    
    SNIPPETS:
  • it very private.
  • put it on hold the rest of your life.
  • Carlson.
  • hair.
  • disaster.
  • Announcer: If you or someone you know is experiencing
  • -_ supplement,

  • 12 . EXHIBIT A - 1993

    EXTRACTED KEY WORDS
    MICHAEL
    CHRISTINE WESTHEIM
    JULIE EDWARDS
    PATCH SYSTEM
    EUROTRYM DIET PATCH
    POUNDS
    HUNGRY
    MIKE REASAN
    WHATSOEVER
    BONUS
    
                                                             EXHIBIT             A
    
    
                            TRANSCRIPT         OF  EUROTRYM  DIET                      PATCH  COMMERCIAL
    
    
      Announcer:                            This  program  deals  with  an  exciting                   
                                            method  of  losing                    weight           
                                            transdermal              diet         patch.            
                                            expressed              here  may  not  necessarily         
                                            the  general             medical              or  scientific
                                            communities.
    
      Woman:                                For  the  first                 time  I  have  found 
                                            that        really       works.
    
      Woman:                                And  I  have  just                   started            on 
                                            have  already               lost           15  pounds  and 
                                            easy.
    
      Announcer:                            Welcome  to  this                    edition            of 
                                            Show.          Mow  here's                 Michael.
    
      Mike  Reaaan:                         Hi,  everyone,                  I'm  Mike  Reagan  and 
                                            our  show.              Today's             topic,         
                                            must  be  of  great                   interest             
                                            there.           We've  had  a  record                     
                                            of  people             that  wish  to  be  in  the 
                                            today%           program  and  I  must  apologize          
                                            people         that  we  had  to  turn                     
                                            room  here  in  the  studio.
    
                                            Do  you  know  that                   there         is  an 
                                            million          Americans                 across  this    
                                            considered              by  medical               experts  
                                            overweight?                 I  don't             know  if 
                      -                     to  a  medical              expert,              but  I 
                                            all      the  time.               I  mean  I  think        
                                            to  show  up  here  for  today's                           
                                            out  about  what  we're                          going     
                                            about.           The  Diet  Patch.                        
                                            general          public           only  six  months  ago, 
                                            Patch  has  become  a  fat-fighting                        
                                            has  caused  a  craze  to  develop                         
                                            Our  special             guest  with  us  today            
                                            than  Dr.  Keith                  Xenyon,           a 
                                            practising              physician                in 
                                            and  also         a  respected                   author.   
                                            am  told         by  our  research                     
    
    SNIPPETS:
  • Christine Westheim: Thank you.
  • And as a bonus when your order your first
  • Dr. Michael Reed: No, none whatsoever.
  • ;,p ok" Mike Reasan:
  • and not feel hungry.
  • pounds or more, with the EuroTrym Diet Patch
  • Patch system.
  • Julie Edwards: Hi, Michael.
  •    |