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Government Actions
The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.
September 24, 2020 Update:
The FTC is sending refund checks to people who bought Isoprex. Each check will be for $15.97. People who get checks should deposit or cash them within 60 days. Consumers who did not get a refund, but believe that they should, should contact the refund administrator, Analytics, Inc., at 1-866-969-3783.
The FTC never requires consumers to pay money or provide information to cash refund checks. Recipients who have questions about the refunds can call Analytics at 1-866-969-3783.
Prior Post:
On April 17, 2020, Federal Trade Commission Civil Action No. 9:20-cv-80640-DMM; in the Federal District Court for the Southern District of Florida, West Palm Beach Division, the Court ruled in a Stipulated Permanent Injunction and Monetary Judgement:
The Commission and Defendants Renaissance Health Publishing, LLC, and James DiGeorgia stipulate to the entry of this Final Judgment and Order for Permanent Injunction and Other Equitable Relief ("Order") to resolve all matters in dispute in this action between them.
PROHIBITED REPRESENTATIONS REGARDING HEALTH-RELATED CLAIMS REQUIRING HUMAN CLINICAL TESTING FOR SUBSTANTIATION
IT IS ORDERED that Defendants in regards to promotion, offering for sale, sale, or distribution of any Covered Product are hereby permanently restrained and enjoined from making, or assisting others in making, expressly or by implication, including through the use of a product or program name, endorsement, depiction, or illustration, any representation that such product:
A. Relieves pain, including, but not limited to, muscle pain, joint pain, headache, and
arthritis;
B. Reduces inflammation and swelling, including, but not limited to, joint inflammation
and knee swelling;
C. Rebuilds joints and repairs damaged joint cartilage;
D. Is 100%, or any other percentage, effective in relieving inflammation and swelling;
E. Provides pain relief comparable or superior to over-the-counter drugs; or
F. Cures, mitigates or treats any disease
unless the representation is non-misleading and, at the time of making such representation,
Defendants possess and rely upon competent and reliable scientific evidence to substantiate
that the representation is true.
PROHIBITED REPRESENTATIONS: OTHER HEALTH-RELATED CLAIMS;
IT IS FURTHER ORDERED that Defendants in regards to promotion, offering for sale, sale, or distribution of any Covered Product, are permanently restrained and enjoined from making, or assisting others in making, directly or by implication, including through the use of a product or program name, endorsement, depiction, or illustration, any representation, other than representations covered under the Section of this Order entitled Prohibited Representations Regarding Health-Related Claims Requiring Human Clinical Testing For Substantiation, about the health benefits, performance, efficacy, safety, or side effects of any Covered Product, unless the representation is non-misleading, and, at the time of making such representation, they possess and rely upon competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted by experts in the relevant disease, condition, or function to which the representation relates, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true.
PRESERVATION OF RECORDS RELATING TO COMPETENT AND RELIABLE HUMAN CLINICAL TESTS OR STUDIES
IT IS FURTHER ORDERED that, with regard to any human clinical test or study
("test") upon which Defendants rely to substantiate any claim covered by this Order,
Defendants shall secure and preserve all underlying or supporting data and documents
generally accepted by experts in the field as relevant to an assessment of the test.
PROHIBITED REPRESENTATIONS REGARDING TESTS, STUDIES, OR OTHER RESEARCH
Defendants in regards to Covered Product, in or affecting commerce, are hereby permanently restrained and enjoined from misrepresenting, or assisting others in misrepresenting, expressly or by implication, including through the use of a product name, endorsement, depiction, or illustration:
A. That any Covered Product is clinically proven to:
1. Relieve pain, including, but not limited to, muscle pain, joint pain, headache,
and arthritis pain;
2. Reduce inflammation and swelling, including, but not limited to, joint
inflammation and knee swelling;
3. Rebuild joints and repair damaged joint cartilage;
4. Relieve 100%, or any other percentage, of inflammation and swelling; or
5. Provide pain relief comparable or superior to over-the-counter drugs;
B. That the performance or benefits of any product are scientifically proven; or
C. The existence, contents, validity, results, conclusions, or interpretations of any
test, study, or other research.
DISCLOSURE OF MATERIAL CONNECTIONS
IT IS FURTHER ORDERED that Defendants, are permanently restrained and enjoined from making any representation, expressly or by implication, about any consumer or other endorser of such good or service without disclosing, Clearly and Conspicuously, and in close proximity to the representation, any unexpected material connection between such endorser and 1) any Defendant; or 2) any other individual or entity affiliated with the good or service. For the purposes of this provision, "unexpected material connection" means any relationship that might materially affect the weight or credibility of the testimonial or endorsement and that would not reasonably be expected by consumers.
MONETARY JUDGMENT
IT IS FURTHER ORDERED that: A. Judgment in the amount of Three Million Nine Hundred Thirty Four Thousand Dollars ($3,934,000) is entered in favor of the Commission against Individual Defendant and Corporate Defendant, jointly and severally, as equitable monetary relief.
ADDITIONAL MONETARY PROVISIONS
IT IS FURTHER ORDERED that: A. Defendants relinquish dominion and all legal and equitable right, title, and interest in all assets transferred pursuant to this Order and may not seek the return of any assets. B. The facts alleged in the Complaint will be taken as true, without further proof, in any subsequent civil litigation by or on behalf of the Commission, including in a proceeding to enforce its rights to any payment or monetary judgment pursuant to this Order, such as a nondischargeability complaint in any bankruptcy case.
NOTICE TO CONSUMERS
IT IS FURTHER ORDERED that, within 30 days of the entry of this Order, Defendants shall send by first-class mail an exact copy of the notice attached as Attachment A, showing the date of the mailing, to any consumer who, as of the date of entry of this Order, is or has been a customer of that Defendant and has received or will receive at least one bottle of Isoprex. The notice required by this Section shall not include any other document or enclosure.
For further assistance please contact
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Telephone: (202) 326-2222
https://www.ftc.gov
LINK: https://www.ftc.gov/news-events/press-releases/2020/04/ftc-halts-bogus-claims-about-miracle-supplement-older-adults
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