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The complaint charged that the FTC had retaliated against him for his criticism of the agency by issuing a press release that falsely characterized and intentionally and deliberately misrepresented the Final Order.
The FTC responded with a motion to dismiss the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12 b 1 , and for failure to state a claim for which relief can be granted under Rule 12 b 6.
The district court granted the FTC's motion to dismiss. First, the court concluded that it lacked subject-matter jurisdiction because the press release was not "a 'final agency action'" under "section of the [Administrative Procedure Act]", 5 U.
Second, the court held, "in the alternative, that Trudeau's claims failed to state a viable cause of action as a matter of law. Trudeau later filed an appeal which was unsuccessful in reversing the court's ruling. The temporary restraining order was replaced by a preliminary injunction.
However, Trudeau lost a motion to have the Board send a "corrective letter" to the television stations and subsequently dropped all claims for monetary damages. The case is still in litigation. The FTC filed a contempt of court action against Trudeau and the companies that market The Weight Loss Cure 'They' Don't Want You to Know About , alleging that Trudeau was in contempt of a court order by "deceptively claiming in his infomercials that the book being advertised establishes a weight-loss protocol that is 'easy' to follow.
When consumers buy the book, they find it describes a complex plan that requires intense dieting, daily injections of a prescribed drug that is not easily obtainable, and lifelong dietary restrictions. On November 19, , Trudeau was found in contempt of the court order for "patently false" claims in his weight loss book. District Court Judge Robert W. Gettleman ruled that Trudeau "clearly misrepresents in his advertisements the difficulty of the diet described in his book, and by doing so, he has misled thousands of consumers.
The court denied Trudeau's request to reconsider or stay this ruling on December 11 of the same year. On February 11, , Trudeau was arrested and appeared in U. District Court before Gettleman for criminal contempt of court after he "asked his supporters to email the federal judge overseeing a pending civil case brought against him by the Federal Trade Commission. That is, no one can touch him," Barrett said.
On November 28, , the U. Food and Drug Administration and the Federal Trade Commission issued warnings to companies selling human chorionic gonadotropin HCG as weight loss products as the claims are unsupported.
In February , the court-appointed receiver announced that a number of Trudeau's known assets, including a home in Ojai, California , would be auctioned, with proceeds to be applied toward unpaid fines and restitutions. Court officials informed GIN members that the club's business model "likely amounted to an illegal pyramid scheme", and that its relentlessly publicized group of 30 billionaire financial advisors known as the "GIN Council" did not exist. GIN's remaining assets were later auctioned as well.
In March , Trudeau was sentenced to 10 years in prison, an "unusually lengthy" term for a contempt conviction. In April , Guzman ordered that royalties payable to Trudeau from continuing sales of his books—now owned by a California company called Free is My Favorite LLC, which purchased the rights from Trudeau—be forwarded to a government-controlled trust and used for fine and restitution payments.
One common criticism by consumer groups is that Trudeau has had no medical training. Trudeau responds that by not having such training, he is not biased toward pharmaceutical companies and the FDA, and that medical doctors "are taught only how to write out prescriptions" for "poisons" and "cut out pieces of a person's anatomy. Trudeau has been criticized for his inability to provide evidence to back up his claims.
Although he recites anecdotes, he has never provided evidence evaluated by licensed medical practitioners. In instances where Trudeau has been asked to provide proof, he has misinterpreted medical studies or cited dubious or fictitious studies. For example, Trudeau cited a nonexistent year research study involving a natural cure for diabetes at the University of Calgary. In University of Calgary officials announced in a public statement that none of Trudeau's claims about the university's research were true, and that its attorneys had sent Trudeau a "cease and desist" letter, demanding that he stop associating himself with the school.
In August , the New York Consumer Protection Board warned consumers that Trudeau has used false claims of endorsements to promote his products, noting that the back cover of Natural Cures includes false endorsements.
Further, the NYCPB states that Trudeau's television advrtisements "give the false impression that Tammy Faye Messner opposes chemotherapy in favor of the 'natural cures' in Trudeau's book. The back cover includes the following quote from Dr. Herbert Ley , a former commissioner of the U. Food and Drug Administration who died three years before the book was written: What the FDA is doing and what people think it's doing are as different as night and day.
Bradford, says that this quote does not constitute a false endorsement of the book by Ley, but rather is merely a statement that is in line with the purpose of the book. From Wikipedia, the free encyclopedia. This is the latest accepted revision , reviewed on 14 September Kevin Trudeau Trudeau in Retrieved 22 August State Bar of Wisconsin.
Archived from the original on 5 December Retrieved 5 December Archived from the original on Retrieved September 19, TV pitchman Trudeau found guilty of criminal contempt". Retrieved November 19, Archived from the original on March 16, Retrieved December 20, The Wall Street Journal via Cageyconsumer.
Retrieved April 27, Natural scams "he" doesn't want you to know about ," Scientific American , March Calgary Herald Archived at the Wayback Machine.. Retrieved April 8, Retrieved 21 August A Sampler of Diet Scams and Abuse". A double-blind study" PDF. The American Journal of Clinical Nutrition. Your Wish is your Command [Informercial]. Archived from the original PDF on Interview With Kevin Trudeau". Archived from the original on September 27, Retrieved April 26, Archived from the original on November 17, Retrieved December 21, Archived February 3, , at the Wayback Machine.
Retrieved 22 September New York Times op-ed. Federal Trade Commission, Plaintiff v. Kevin Trudeau, et al. Archived from the original on January 22, Archived from the original on September 6, Retrieved August 7, Archived from the original on September 10, Federal Trade Commission v.
Kevin Trudeau " PDF. Retrieved 7 February Retrieved 29 November Federal judge in Chicago acts after being flooded with emails prompted by the author-infomercial king". Archived from the original on December 31, The Palm Beach Post. Retrieved 15 December Archived from the original on February 14, The Christian Science Monitor.
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