Federal Trade Commission v. Getawaygrey LLC; Robin Duner-Fenter, individually and as an officer of GetawayGrey LLC
Published: Aug. 29, 2015 | Result Date: May 14, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-01990-RMG Bench Decision – $1,817,940
Court
USDC South Carolina
Attorneys
Plaintiff
John H. Douglas
(Douglas Law Offices)
Jonathan E. Nuechterlein
(Federal Trade Commission)
Defendant
William I. Rothbard
(Law Offices of William I. Rothard)
Facts
The Federal Trade Commission brought a complaint for a permanent injunction and other injunctive relief against GetAwayGrey LLC and Robin Duner-Fenter, individually and as an officer of GetAwayGrey LLC relating to claims that, the Get Away Grey dietary supplement reversed or prevented the formation of gray hair.
Contentions
PLAINTIFF'S CONTENTIONS:
The FTC contended that defendants violated Sections 5(a) and 12 of the FTC Act in connection with the labeling, advertising, marketing, distribution and sale of the Get Away Grey dietary supplement by engaging in deceptive acts or practices and false advertisements. It alleged that the supplement was promoted as effective in reversing or preventing the formation of gray hair even though the efficacy of such representations was false or unsubstantiated. It also contended defendants falsely claimed that the results were scientifically proven.
Result
The parties entered into a settlement in which defendants were prohibited from making unsubstantiated claims that the product reversed or prevented gray hair. It was also prohibited from making other unsubstantiated health-related claims. Additionally, a monetary judgment for $1,817,939 was entered against defendants.
Other Information
FILING DATE: May 13, 2015.
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