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Consumer Law
Unfair Business Practices
Misrepresentation

Federal Trade Commission v. Golden Sunrise Nutraceutical Inc., Golden Sunrise Pharmaceutical Inc., Huu Tieu, individually and as an officer of Golden Sunrise Nutraceutical, Inc. and Golden Sunrise Pharmaceutical, Inc., Stephen Meis, individually and as an officer of Golden Sunrise Nutraceutical Inc.

Published: Oct. 9, 2020 | Result Date: Aug. 7, 2020 | Filing Date: Jul. 30, 2020 |

Case number: 1:20-cv-01060-DAD-SKO Bench Decision –  Injunctive Relief

Court

USDC Eastern District of California


Attorneys

Plaintiff

Reid A. Tepfer
(Federal Trade Commission)

Zachary A. Keller
(Federal Trade Commission)

Edward Hynes
(Federal Trade Commission)


Defendant

Michael F. Ball
(McCormick, Barstow, Sheppard, Wayte & Carruth LLP)

David R. McNamara
(McCormick, Barstow, Sheppard, Wayte & Carruth LLP)


Facts

Defendants Golden Sunrise Nutraceutical, Inc. and Golden Sunrise Pharmaceutical, Inc. sold dietary supplements which they claimed could treat serious diseases and other medical conditions. On its product website, defendants stated that all their products have been reviewed and accepted by the Food and Drug Administration. The Federal Trade Commission filed a complaint against defendants and its owners Stephen Meis and Huu Tieu in relation to the dietary supplements.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants violated Section 5(a) and 12 of the Federal Trade Commission Act by advertising that its dietary supplements could effectively cure life threatening diseases such as cancer, COVID-19 and Parkinson's disease. Plaintiff also contended that defendants' claims that its dietary supplements were approved by the FDA were false because the FDA never approved such products.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions.

Result

The court granted plaintiff's request for a preliminary injunction. Defendants were ordered to cease making any misleading representations that defendants' products treat or cure COVID-19, cancer or Parkinson's disease. Defendants were also prohibited from making any false representations that its products were authorized or approved by the FDA pursuant to the Nutrition Labeling and Education Act of 1990.


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