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Consumer Law
False Advertising
Unfair and Deceptive Business Practices

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

Elizabeth K. Nach

Phyllis H. Marcus

John H. Douglas
(Douglas Law Offices)

Jonathan E. Nuechterlein
(Federal Trade Commission)

William N. Nettles


Defendant

Paul D. Harrill

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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