By Riëtte van Laack –
Approximately three years ago, the Federal Trade Commission ("FTC") filed a complaint against Daniel Chapter One and James Fijio (“DCO”) for the advertising of four dietary supplements as cures for various cancers. The FTC ruled that DCO’s claims were deceptive and ordered that DCO discontinue its marketing practices and notify its customer that the FTC had determined that DCO’s claims for the dietary supplements were deceptive. Nevertheless, DCO allegedly continued to advertise its dietary supplements as cancer cures.
In August 2010, the Department of Justice ("DOJ"), on behalf of the FTC, filed a complaint seeking civil penalties (up to $ 16,000 per violation), consumer redress, and a preliminary and permanent injunction in the U.S. District Court for the District of Columbia. However, because at the time of filing DCO’s appeal of the FTC ruling was pending, the new action was stayed. Since the Court of Appeals upheld the FTC ruling (see our previous post here), the stay has been lifted. On March 11, 2011, DOJ resumed its efforts against DCO by moving forward with the action mentioned above. Meanwhile, DCO has indicated that it intends to petition the U.S. Supreme Court.