New Vision International, Inc

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IN THE MATTER OF NEW VISION INTERNATIONAL, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SECS. 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3856. Complaint, March 3, 1999--Decision, March 3, 1999 This consent order, among other things, prohibits an Arizona-based multi-levermarketing company, that sells nutritional supplements, its affiliated company and their officers from making unsubstantiated advertising claims for a combination of supplements they called "God's Recipe," that the respondents promote in the prevention, treatment, cure or mitigation of Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder or their symptoms. Also, the consent order prohibits the misrepresentation of testimonials or endorsements for the product. Participants For the Commission: Matthew Gold, Sylvia Kundig, and Jeffrey Klurfeld.

For the respondents: Barry Cutler and Julia Oas, Baker & Hostetler, Washington, D.C.

COMPLAINT The Federal Trade Commission, having reason to believe that New Vision International, Inc., and NVI Promotions, L.L.C., corporations, and Jason P. Boreyko and Benson K. Boreyko, 1 individually and as officers of the corporations, ("respondents"), have I · i violated the provisions of the Federal Trade Commission Act, and it appearing to.the Commission that a proceeding by it in respect thereof would be in the public interest, alleges:

1. Respondent New Vision International, Inc. ("New Vision") is an Arizona corporation with its principal office or place of business at 7762 East Gray-Road, Suite 500, Scottsdale, AZ.

2. Respondent NVI Promotions, L.L.C., is an Arizona corporation with its principal office or place of business at_7762 East Gray Road, Suite 500, Scottsdale, AZ.

3. Respondent Jason P. Boreyko is an officer of the corporate respondents. Individually or in concert with others, he formulates, directs, or controls the policies, acts, or practices of the corporations, including the acts or practices alleged in this complaint. His principal office or place of business is the same as that of the corporations. _j .I NEW VISION INTERNATIONAL, INC., ET AL. 279 278 Complaint 4. Respondent Benson K. Boreyko is an officer of the corporate respondents. Individually or in concert with others, he formulates, directs, or controls the policies, acts, or practices of the corporations, including the acts or practices alleged in this complaint. His principal office ot place of business is the same as that of the corporations. 5. Respondents have manufactured, advertised, labeled, offered for sale, sold, and distributed nutritional supplement products, and audiotapes and other promotional materials for these products, and have engaged in the recruitment of distributors for the products. The respondents have domi.nated, controlled, furnished the means, instrument.alities, services and facilities for and/or condoned or approved the acts and practices referred to below.

6. Respondents have developed a multilevel marketing plan to sell New Vision products through distributors to consumers. The marketing plan allows distributors to earn money by selling the products at a suggested mark-up to consumers. Distributors also recruit and train other individuals to be distributors in the respondents' marketing plan. Distributors earn money based on purchases from New Vision made by these recruits and others who they, in turn, recruit to be distributors.

7. Respondents have established the marketing plan, and recruited.. distributors, for the purpose of promoting, selling, or otherwise distributing New Vision products. Among other things, New Vision provides each new distributor with a sales kit that contains brochures, order forms, and other materials identifying New Vision, that are intended.to be, and are, used by distributors in their sales efforts. NVI Promotions, L.L.C., sells promotional materials, including brochures, audiotapes, and custom printed cassette labels, to New Vision distributors. These promotional materials are intended to be, and are, used by distributors in their sales and recruitment efforts. 8. ·. Respondents have advertised, promoted, offered for sale, sold, .and distributed various nutritional supplements, including: (a) "PC Grape Seed Extract with an Her.bal Blend;" (b) "Essential Minerals;" and (c) "Multi-Enzymes with Alfalfa/Barley Sprouts." In some of their promotional materials, respondents collectively refer to these products as "God's Recipe.," and tout them as a natural alternative to the prescription -drug Ritalin £or children suffer:ing fr.om Attention Deficit Disorder or Attention Deficit/Hyp.eractivity Disorder ("ADD/ADHD 4'). These products are '"foods' and/or ',d-rugs'/' within f Complaint 127 F.T.C.

the meaning of Sections 12 and 15 of the Federal Trade Commission Act.

9. The acts and practices of respondents alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act.

10. Respondents have disseminated or have caused to be disseminated advertisements for God's Recipe, including but not necessarily limited to the attached Exhibits A through D. These advertisements contain the following statements:

A. "The problem: Johnny isn't staying up with the rest of the children, he's . getting into fights at re~ess and he's just not listening. The teacher has seen it hundreds oftimes: ADD (Attention Deficit Disorder)- the most common form of treatment: Ritalin. Parents trusting the advice of well-meaning professionals are unknowingly starting their children on a cycle of chemical dependency. Is there an alternative?· The good news is yes, and this tape will outline what has become known as 'God's recipe' as well as letting you hear from some doctors on this very subject. God's recipe is made up qf three very exciting, natural health products. The three products you'll hear about on this tape are colloidal minerals, OPC grape seed extract containing ginkgo biloba, and a ·multi-enzyme product. This combination is making a huge difference in the lives of thousands of children and is a natural approach that works ....

One out of every three is going to drop out of school and if they carry this into adulthood, the national statistics ate that one out of every ten will attempt suicide, so my recommendation is a couple of ounces of colloidal minerals each day for these children. We believe that the anti-oxidant is very-important to help clean up the free radical damage that is going on inside their little brains and we combine that with ginkgo biloba and then we think that the multi-enzymes to help them metabolize that sugar that they're going to get -- we just can't seem to eliminate enough of it -- is very important.. ..

I've learned a lot tonight and I very much appreciate your being willing to share all ofthis. I think one of the things that I'd like to kind of end with here is as Zoanne said, "Thank God." And it seems to me that we have properly titled what we're doing and the success of this formulation, this combination of natural nutritional supplements with eight, 10, 15 calls I get a day and the hundreds and hundreds of parents and children now that are benefitting from this, we really can, I think, in good consciousness call it God's recipe. And what most of us are doing is two ounces of these colloidal minerals spread during the day, maybe first thing in the morning and then sometime mid to late afternoon, 40 milligrams of this Proanthocyanidin, preferably one that comes from grape seed extract in combination with Ginkgo Biloba and we think that you should take those roughly at the same time that you take the mineral supplementation and then lastly, because there is no question that sugar is a major·culprit in ADIID and ADD, we need to eliminate sugar as much as possible from all of our diets, but particularly from the diets of those that are very sensitive and impacted negatively by sugar and in order to help ease the problem of the sugar that we are unable to eliminate, these multi- --- -- ------- -· NEW VISION INTERNATIONAL, INC., ET AL. 281 278 Complaint enzyme capsules are phenomenal because as Dr. Chris has told us tonight, they assist mightily in metabolizing the sugar and getting that whole digestive process and the reaction of digesting sugar under control so that we don't get the mood swings and the metabolic swings. So we call that God's recipe. Hopefully, with the information that you have been kind enough to share with us tonight, the recipe will spread and the resultant blessing will occur to as many people as possible. So, J..wouldjust say, again, thank you."

(Exhibit A, Transcript of tape entitled "God's Recipe - The Natural Alternative to Ritalin.") B. "Former Executive VP with Days Inn of America wants to rid the world of Ritalin, substitute good nutrition and dietary supplements in its place ... I attended a lecture by Dr. Kris Van Oeveren last year, at which time he stated that in his practice, he often dealt with children who were ADHD. In many cases (but not all), it was his opinion that these children were unable to adequately process sugar or glucose, and if you added a good multi-enzyme supplement (one containing sufficient gluco-amylase) to their diets, that the problems would disappear, or as a minimum, be greatly reduced .. :.

Having watched my son suffer through the anguish and destruction of being on Ritalin for six years ofhis life, I was absolutely dumbstruck! I thought, "Are you trying to tell me that I could have avoided putting my son (and my family) through that nightmare from hell by simply giving him a 100% natural supplement? I don't believe it!" But the guilt and sadness ofthose memori~s with my son and the family during his formative years of ages six through twelve would not let this stunning disclosure subside from my consciousness. I decided to test this idea with friends from Memphis, who had a son, on Ritalin, and not doing well at all. In fact. he was the same age as my son when our drug odyssey began .... Back to my friends in Tennessee. They agreed to have their son's pediatrician monitor the reduction of Ritalin over a 30 day period, combined with the addition of certain natural nutritional supplements. At the end of this test period, they reported that the Ritalin was no longer being taken and that there had been no negative changes in behavior ....

Now, hundreds and perhaps many thousands of cases later, parents are qearing glowing reports of their ·children's outstanding performances in the academic environment as well as the social environments in which they are asked to participate. In fact. while I have no certified statistical evidence to support this conclusion other than anecdotal, I have not had a single report back to me that even one single child has had to return to Ritalin after trying a combination of three natural nutritional supplements which I call'God's Recipe."' (Exhibit B, "Well Being Journal," Vol V, No. 4, July/August 1996 (Included in "Attention Deficit Hyperactivity Disorder" pamphlet.)) C . "God's Recipe 1.) 2 ounces of Colloidal Minerals.

2.) 40 milligrams ofhighly effective antioxidant- OPC capsule combined with Ginkgo Biloba.

3.) Multi-enzyme capsule with every meal and with every significant snack, as well as the elimination of as much sugar as possible from the diet. Complaint 127 F.T.C.

* See back page for more information (Back Page] Information on our "God's Recipe" Products 1.) Colloidal Minerals These are minerals in a delicious liquid form that children of all ages really enjoy. The minerals are extremely easy for the body to absorb as they are extracted from plant source deposits of vegetation origin. In fact, the absorption rate in the body ofthese minerals is much greater than elemental minerals taken in tablet form. There are over 60 minerals in·every 32 ounce bottle.

2.) Antioxidant with Ginkgo Biloba:

This antioxidant is OPC and is derived from the original patented grape seed extract. It has 50 times more antioxidant potency than vitamin E, and 20 times more than vitamin C. In combination with Ginkgo Biloba and other herbs, it can have a very positive impact on one's health.

3.) Multi-Enzymes As the basis of all metabolic activity, enzymes are the driving force of our body's more than 150,000 biochemical reactions. Enzymes are very important for effectively metabolizing sugars, an activity of critical importance to ADHD control. A balanced blend of enzymes and minerals maximizes the assimilation of nutrients. WHEN TO TAKE GOD'S RECIPE Take one ounce of Colloidal Minerals and 1 capsule (20 milligrams) ofthe · Antioxidant with Ginkgo Biloba first thing in the morning, and both again mid-tolate afternoon. Take 1 capsule of Multi-Enzymes with each meal and with each significant snack. Eliminate sugar throughout the day and evening. We wish you and your family the best. If you have any questions, or would like to place an order, please call us at: ... "

(Exhipit C, Excerpted from "Attention Deficit Hyperactivity Disorder" pamphlet.) · D. "GOD'S RECIPE TESTIMONIALS Good evening Mr. James: This is Shondra W. I had talked to you _about a month ago to get information from you about how I could get my son off offi tal in. And I just wanted you to know that I have had him completely offRitalin for the ·past five days and I couldn't be more pleased with the way he is doing,.he is doing so well. He is such a pleasure to be with now. And he is feeling better himself, he doesn't even want foods with sugar. And I just wanted to tell you 'Thank You and I really appreciate all of your help. (Shondra W, Texas) Dear Max: We started about four and a half months ago and this has been the greatest four and a half months my son and I have ever had, ever. My son is 6 V2 years old. He was being brought to my work by the school principle because he was such a severe discipline problem that he was under consideration to be 'kicked out' of first grade. I was accused by the school of not being strict enough with my son, not disciplining him enough. It was right after that meeting with the school teachers and counselors that I started him on the program (God's Recipe) and we have had perfect behavior since then. He won an award pin for his perfect behavior and he NEW VISION INTERNATIONAL, INC., ET AL. 283.

278 Complaint won an all expense paid vacation from the principle for perfect behavior for four ; straight months. His teacher says that she wishes that she could get this (God's . ! Recipe) for every kid in class. This is the best thing that has ever happened to us. ' I thank God that we have this. I really, really do! (Zoanne, California)" (Exhibit D, Excerpted from "Attention Deficit Hyperactivity Disorder" pamphlet.) 11. Through the means described in paragraph ten, respondents. have represented, expressly or by implication, that:

A. God's Recipe can cure, prevent, treat or mitigate Attention Deficit Disorder or its symptoms.

B. God's Recipe can cure, prevent, treat or mitigate Attention Deficit Hyperactivity Disorder or its symptoms.

C. God's Recipe is an effective alternative treatment to the prescription drug Ritalin for Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder.

D. Testimonials from consumers appearing in the advertisements. for God's Recipe reflect the typical or ordinary experience of members of the public whose children have used the product. 12. Through the means described in paragraph ten, respondents . i have represented, expressly or by implication, that they possessed and relied upon a reasonable basis that substantiated the representations set forth in paragraph eleven, at the time the representations were made.

13. In truth and in fact, re~pondents did not possess and rely upon a reasonable basis that substantiated the representations set forth in paragraph eleven, at the time the representations were made. Therefore, the representation set forth in paragraph twelve was, and is, false or misleading.

14. The-: acts and practices of respondents as alleged in this complaint constitute unfair or deceptive acts or practices ~ and the making of false advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act.. --------·-· ----- Complaint 127 F.T.C.

EXHIBIT A TAPE: 'GOD'S RECIPE- THE NATURAL ALTERNATIVE TO RITALIN- [ music] Parents across America are receiving phone calls from their children's teachers not to praise their progress in class, but to inform them there is a problem with Johnny. The problem? Johnny isn't staying up with the rest of the children. he's getting into fights at recess and he's just not listening. The teacher has seen it hundreds of times: ADD (Attention Deficit Disorder)- the most common form of treatment: Ritalin. Parents trusting the advice of well-meaning professionals are unknowingly starting their children on a cycle of chemical dependency. Is there an alternative? The good news is yes, and this tape will outline what has.become kno~ as God's Recipe, as well as letting you hear from some doctors on this very subject. God's Recipe is made up of three very exciting, natural health products. The three products you'll hear about on this tape are colloidal minerals, OPC grape seed e/(tract containing ginkgo biloba, and a multienzyme product. Th.\s combination is making a huge difference in the lives ofthous;mds of children and is a natural approach that works. Let us start this learning adventure with a wellknown radio show broadcasted weekly, hosted by Dr. Joel Wallach. [music] Thank you and welcome to the Wellness Hour. This is Dr. Joel Wallach, your host, a physician and a veterinarian. I can tell you a lot of my patients say I treat them like dogs, but they seem to get better. We're going to talk about ADD/ADHD, hyperactivity,leaming disabilities and all kinds of related disorders. I would be famous for this up in Portland, Oregon where I practiced for 12 years. T used to see literally hundreds and hundreds; maybe as many as thousands of parents who'd bring ~eir children to me who had these problems and, of course, this was in the '70's and early '80's. People were just learning about Ritalin and all the teachers A-1 NEW VISION INTERNATIONAL, INC., ET AL. 285 278 Complaint EXHIBIT A would like to put the students on Ritalin- we're talking about 6, 7, 8, 9 and 10-year olds- they would want to put them on Ritalin. I think a psychiatrist gave lectures to the teachers so they were very aware of Ritalin and, when a child was disruptive in the class, the first thing they would do is say to the parent, "Put the kid on Ritalin." And if the parent refused, the teachers would tum the parents over to the social services in Otegon, which were really hot to do something and they would then take on the parents and they'd say look, if you don't tum the tdd over to be put on Ritalin, the first thing that's going to happen is we're going to make the child a ward of the state and the state will make sure that the kid gets Ritalin because it is good for the kid. And this is all based ·on the teachers' assessment of what was going on in the classroom. Well, what I got famous for was taking these kids and having them draw their favorite animal or plane or flower or house or whatever it might be prior to having breakfast in the morning. Then having whatever usual bre8.!cfast they would have; _it could be sugar frosted flakes, something like Pop Tarts, syrup on their Eggos, apple juice, grape juice, Sunny Delight, these kinds of things. Then go to school and about an hour and a halflater do their same drawing again and then compare the two. And what we found out was that a six-year-old who could draw a giraffe that looked obviously like a giraffe after an hour and half following a high-sugar breakfast would draw a g~e that would look much like a schmoo. For those of you who are old enough to remember what a schmoo looked like, it was a pillowcase with eyes on it So, we would recognize that this kid was sensitive to sugar and, of course, we have talked about this many times on this show, there are people who are sensitive to sugar in all forms, whether it is natural, processed, com syrup, honey, molasses, and people are sensitive to sugar-just like they are to alcohol. There are good alcoholic.s-people who, for-instance, if they have a drink, they might go to sleep. This is at one extreme end, they go to sleep, there's people in the middle, who drink A-2 - - - -- -· ----- - · .

.286 FEDERAL TRADE COMMISSION DECISIONS Complaint t27 F.T.C.

EXHIBIT A alcohol and just kihda get giddy and loud and boisterous and, at the other end of the scale, they become violent. The same ·thing is true with sugar. Some people when they take in sugar get sleepy and drowsy. Some people when they take in·sugar get agitated and boisterous and then some people when they take in sugar get violent. And ADD/ ADHD ·is somewhe~ in between those two extremes because these kids or adults even gi:t disruptive, irritable anc;l they can be 'involved in domestic violence; certainly, they are not going to·leam how to read, write and do math, they are going to experiment with cigarettes, alcohol and drugs as they get !>lder trying to find something to satisfy their cravings to be successful at, because when you have ADD/ADHD it's very difficult to be a positive performer. And so what we did was take these kids and young adults totally ·off of all sugar, natural and processed, supplement them with three trace minerals preferably in the colloidal form. This was lithium, chromium and vanadium and low and behold, ·usually within 24 to 72 hours, there was a signi.fica,nt benefit. The parents and teachers ·immediately recognized this and then, within weeks, the kid would go from the bottom of the class tothe top of the class. It has nothing to do with intelligence and we actually saved thousands of kids from ·being put on Ritalin and today's - welcome, Max James! Max James: Thank you, sir, good morning.

Dr. Wallach: Good morning. And obviously, you've had a lot of personal experience. I was reading your materials. Why don't you share with our listeners how you got involved, a real estate agent basically and somebody with a military background. llow did you get involved with ADD? Max James: Yes, ·I have a wonderful son and when he reached the age of six years and :headed off to ·the first grade after a~ut two weeks in school, we got what turned out to be a perennial call from the school teacher saying we have a major problem with your son disrupting A-3 'I It 1' 1 NEW VISION INTERNATIONAL, INC., ET AL. 287' 1 ·- .1:~ .

278 Complaint i I I ' It EXHIBIT A : i ,! .-1·I the class. He's two weeks behind academically, got quite·a. problem, He's the-playgwun4-bQily.· and-you,n<:ed.to come talk with him, We were absolutely stunned. Ouuoq,had QO behavioral ' ·I I problems at home; was the nicest.little Idly Yo~ ever want ~ meet.in.your life so,we_thought• · : i pc:\rhaps there was an error, tha,t maybe it was the wrong child. In any event;.fortwtately-we-ha(h r i very bright and progressive fir.rt gnlde teacher who suggested that. if that were the case, what she'd like to do is have-the school psychologist test~ and they did so anda,couple of weeks later called us and-~d· they believed that he had.a·leaming disability at that time, This :was in "i the late sixties, T.hey.·called-it hyperkinesis or h~etic behavior and suggested-that,we go:tQ. 1l- l Stanford .University and.have.further. psychological tests done, We did·so and they determined' that.indeed.he was _AD.Hl}·and ·was.going.to ·be-inc,capable of getting~ a normal educ,a,tion·if: we· didn't do something to render him.some assista~Jce, The intelligence-exams that:ther gave·him' indicated that he~ an eldfemely high.IQ·but simply was not able to utilize it.and produce the results. So we were given.three choices; Dr. Wallach. They sai<l number one; you can institutionalize him and.- Dr. WaUa£h! This is.a six-year old?.

·' Mu James: This is a six-year old. 1-said. _well, that's interesting: [mean, what kind,of institution-you:re ta,lking about and having seen the Jack Nichols movie "One Flew Over The:: Cuckoos Nest!' ..,.

Dr. Wal~ch: · Exactly.

Max James: . l·ha4:visioi!S of horror and they said, well; he'll-be in with quite a v.mety of children with learning disabilities up to the medical level ofmo(on and.thatjust didn't seem appropriate for. my son. given that we-lwhw problems with his .social-behavior in the home s~tting, . in th~. family·setting. Lsaui, wha~'s .my next.choice? And they: s.aid, well, you could try, A-4 Complaint 127 F.T.C.

EXHIBIT A nutrition and l said gteat, fantastic. What do w~ do? And their. response was you've got to remove all sugar. You've got to remove.red food dye. No more peanuts. No more this, no more that, np more - - Dr. WaUac:h: Wait a minute. You said this is in the 1960's? Max James: Yes, late sixties. Probably '68, '69.

Dr. Wallach: Okay.

Mar. James: I said, well, you know, I - I think that we might be able to do that at home. It sounds like quite a challenge, but what do I do about his meals :rt school and what do I do about vacation and camp and visits and friend's home and birthday parties. What's the third choice? Anyway, they said, well we highly recommend the third choice.- "It's the drug of choice. It's RiWin and Ritalin is safe, it's a mild drug and they explained it and so that was the recommendation and· that's what we did. The results were immediate and wonderful. Suddenly the handwriting which had been virtually illegible became not only legible but quite artistic, and -1 had thought that the handwriting problem was probably genetic. I couldn't write. My handwriting was terrible.

Dr. WaUac:b: Uh-huh.

Mar. James: So in any event, he suddenly started using three syllable words which his older sister had difficulty at that point understanding and then the body made the adjustment and a lot of that went away and constant battles with the appropriate dosage finally Settled in and we proceeded on a six-year odyssey of my son on the drug that is more popularly called speed. The problem in my mind with Ritalin is that it works. He certainly was able to get an education, but the problem with Ritalin also is the side effects and in this case were, in.my mind, devastating. Dr. WaUac:h: Parents who are just exhausted with a· hyperkinetic child or one with ADD A-5 ' <ll:ii&ifc::a:R<l !¥<(( . ..... ?->ascc...... -' NEW VISION INTERNATIONAL, INC., ET AL. 289 278 Complaint EXHIBIT A or ADIID, they get this relief from this drug Ritalin. Suddenly, they cart all go to sleep and suddenly they can go on with their lives because the kid's under control and things seem to be going well and the education's going good. And they think they've solved the problem. This is why the medical profession and teachers can get parents kind of coerced into this because . . suddenly the major portions of the problems go away ahd they can say, phew, finally, we get some relief here and we can go on with everybody's lives. Let me ask you something. Did they tell-you to still with the child on Ritalin to take him off of sugar and supplement him with some trace minerals? Max James: There's certainly no suggestion of trace minerals, no. Dr; Wallach: But they did say it would help to get him off of sugar? Mat James: Yes, they dill Yes, they did. The benefits of the Ritalin of course were that he became perfectly adjusted in the classroom. but the side effects, Dr. Wallach. are what have created my passion to see ifl can find a better alternative. Dr. Wallach: Sure. Well, what were the side effects that you saw in your son? Max James: For six years my son was on Ritalin and they required a drug holiday which is we took him off on the weekends and obviously during holidays and the summers. And when he came off the drug there were withdrawals. The symptoms of drug withdrawal, as well as what's now popularly called "Ritalin rebound," so that about late Sunday afternoon behavioral problems really were abundant. Huge blue circles under the eyes from the abuse of this drug. Lips that were constantly chapped and bleeding because he was so dehydrated from this drug that he was constantly licking the lips and that created problems. Dr. Wallach: Uh-huh.

Max James: Depression, moodiness and withdrawal - A-6 Complaint 127 F.T.C.

EXHIBIT A Dr. W -qa: _WeU, these_-bl~ c4"cle,s un\ier the ey~. We call them allergi~ shin~. _ ~r. WaUac_h;_You,Imow, allergi~. shiners, ~4 invari~ly t4erc's_~ome$ing that ~ey·~- - ~g either.sug¥.41 op.e_fq~ ~or anotlter or ~ybe even <W-ry ~ca!,ISe ~.on-~ion and it's one of. fu.e si~s $it ~e. chil\i~s in trouble when.you ~ tf!ese blue, PUIEI~ marks under the eY.es_. that we.call:allergic shiner,;.

M~ J:ames: W:eU,_it_was clear tQ qs.that he was 41 trouble froqt a,growth ~tenti~ physically at the age of 12, he weighed 50 pounds.

Dr:. W.aUa~h: My ~o!}dness.

r,f~ J~me_s: And when _he finished the.soo.h grade at 50 ~upds, we sent_him back to_the f~ in,Tennes~ : ll_ack to QlY parents. Aiici. ofcourse, went off.the ~talin ~d ~e,got _on those g~od :qa.~; foods ,back there: at_my $d's 'farm an4 garden, and thel at:! envU:o!lDlent. ~t was free without tlte IJCC:Ssurcs_of the school ~ql and the classroom, aJ:!d Dr. Walll!Ch. he had_a _sixty percent wei~~ gain:,in 30 days. Went from,50 pounds to-.80 pound~ ~d neverwent back on. Ritalin.

Dr:. W.a!J!lc ..; Isn',t that.a.m.a#ng? Max.J11mes: Absolutely_lUl'lll#ng. ije was able tq go through the rest of his secondary educati(jn and in fact:~ l\11 opportunity_to fl:dev.elol' 311d rebuild his self-esteem ~th a special l>ro~ _that .at Qne_tjme-was P,rovided by the University,ofthe P~ific hefl:. tQ help c~ldren.with these 'prpblelll$ a.nc;f _he wen~ on and_gQt _a college cdu.cation.~d is _awell-adj~tcd_yolqlg adult today. ~\lt ne_ver back on Ritalin. I,would ~OJ)e ~t n~ op.e would ever have.to_go through that with their. son.

Dr, Wallach: Qkay. So what.have you ~p. ,d9ing~l ~ese ye_ars si~9C Ycur son has A-7 NEW VISION -international, "INC., ET AL. 291 278 Complaint EXHIBIT A gotten off of Ritalin? It says here·that you're a tireless worker in helping people and going into the media and making suie that people know about this problem. Tell us some of your experiences.

Max James: Well, a little over a year ago, I was sitting in·a lecture on nutrition and a Dr. Kris Van Oeveren indicated ~tin his practice he dealt with a lot of children that were diagnosed as ADHD. And his experience was that many of them, not all, were unable to process or metabolize sugar and that if you gave them a good multi~nzyme the problem·would often disappear. Well, 1 sat in this audience in total shock. I mean, I was stunned that I·could have perhaps avoided putting my son through all of that pain and agony, as well as the family, by simply treating it with a nutritional supplement and so I determined right then that eveilfug that I was going to test it because quite honestly, I didn't believe it The route that we took in experimenting with-nutritional supplements was to go with colloidal minerals, to go with a good, strong anti-oxidant combined with ginkgo biloba, and to go with a multi~nzyme and the elimination of as ·much SQgar as possible out of these children's diets. Well, ~e word just kind of spread, word of mouth, and the results have been over a period of 10 or 12 months now, Dr. Wallach, that I receive phone calls every day, letters, people calling me, psychiatrists, medical doctors, neurologists, pediatricians, all wondering what we're doing. ·I'm not even sure I believe these statistics myself. I feel blessed by them, but I have not had one single case reported to ine, not one, thet a child has had to go back on Ritalin after going on to these nutritiolial supplements. Dr. Wallach: What a-blessing that is. You can take comfort in knowing that I had the same results. Never had to have a child go back on Ritalin. The caveat here again, the thing that you have to have everybody agree on that the whole family has to be aware, have to educate the child that there is a connection between sugar and their negative behavior. Kids don't like to be A-8 Complaint 127 F.T.C.

EXHIBIT A different. As you know, kids.don't lik..; to be behind in class and kids don't like to be a non- Ieamer and so once they really get down deep inside of them this knowledge that sugar is a very negative thing for them, when you get them at a young age and the whole family dees the same thing, it is very, very easy to get them on the right road and stay on the right road. My own son who was, I guess, about six years old when we figured'this out for him. we started looking at health food stores and were able to get hot dogs for instance Without com syrup in it and get pure beef, pure chicken, pure turkey, pure lamb hot dogs. When he got to be nine years old, he'd go out with the Cub Scouts and I used to make brownies out of the roasted carob and out 'of rice flour and so forth and he could take his brownies that had a nice pecan half on the top of each brownie and his hot dogs and go and do his thing with the Cub Scouts and know that he couldn't eat anybody else's hot dogs. He couldn't trade. He couldn't eat their Twinkies, but he could eat their brownies and becau.Se they were so special, I )lad to start making more of these things so that the whole Cub Scout troop wanted them. It was fascinating to see the change in the whole troop.

Max James: We have a problem in the United States with prescribed drugs and children. Right now, it's reported and I can believe it that ADI·ID is America's number one childhood psychiatric disorder. And in some areas of the country, the percentage of children that are taking Ritalin has reached 7-8%. Over two million children on it. I am absolutely convinced by the hundreds and hundreds of people that I've talked to that it is not necessary. Dr. Wallach: Oh, absolutely. And of course, the reason, Max, is that per person in America, now this does not exclude children, it doesn't say per adults, it says per person, there's 148 pounds of sugar per year cons•uned per person. Now there's some poor kid out there eating 300 pounds because I don't eat any.

I I A-9 r NEW VISION INTERNATIONAL, INC., ET AL. 293 278 Complaint EXHIBIT A Max James: Right Dr. WaUa.:h: And n.y son doesn't eat any. I'm assuming yours doesn't, so there's, you know, there's six people out there who.are eating 300 poWlds of sugar per person and it's pretty scary and another fact which is even scarier to me - according to experts, juvenile and childhood experts, one-third of American children are going to be in a juvenile court this y_ear, 1996, because of behavioral problems because of some kind of criminal behavior whether it is burglarizing neighborhood houses or assaults or murder or manslaughter. These kinds of things- destructive behavior and you can attribute most of this really to this 148 pound:ds of sugar per kid and the fact that our foods are totally deficient in ~erals and that if you don't supplement these kids with lithium, ~hromium and vanadium, zinc, sulph_ur, things like copper, magnesium, manganese and so forth, they get all kinds of physical problems, as well as mental ' ones and I have to ask you, have you bad any rebel.lion from parents who say well, gosh, this is so expensive our insur.mce will pay for the Ritalin and we have to pay for the vitamins and minerals.

Max James: I really have not I found that parents really are anti-drug for children. They don't want the kids on drugs and you're exactly right. These children do not want to take Ritalin. In fact I am working with one school nurse whose job it is every day to stand at the h~ad of this queue of children all lined up to take their "Meds" as they're called, and they have to be supervised of course because it's a controlled substance. She says now that she actually has to put her fingers into their mouth to ensure that they are in fact taking Ritalin because they don't want the drug.

Dr. Wallach: You know, I hope she's w~hing her fingers between each child. Max James: [inaudible] A-10 Complaint 127 F.T.C.

EXHIBIT A Dr. Wallach: Okay, Max, hang on. This is Dr. Joel Wallach, your host of the WeUness , Hour and we're _going to be right back after this message. Voice: Jerry~ you're on live with Dr. Joel Wallach and Max, James. Your question please, Jerry? Jerry: I'm a Judo coach and I have several students that are obviously suffering from ADD. What kind of infonnation can you give me on that? Max James: As you ~ow, Dr. Wallach, an awfull_ot of these children that are ADHD become great athletes because of the frustration and the energy that builds up inside them, the anger of having to deal with their problem on a daily basis. This certainly was the case with my son and so we find a lot of ADHD children in Judo classes and they also become great entertainers, again, because of this energy, but one out of every three is going to drop out of school, and if they carry this into adulthood. the na~oral· statistics are that one out of every 10 will attempt suicide, so my recommendation is a couple of ounces of colloidal minerals each day for these children. We believe that the anti-oxidant is very important to help clean up the free radical damage that is·going on inside their little brains and we combine that with ginkgo biloba and then we think that the multi-enzymes to help them metabolize that sugar that they're going to get - we just can't seem to eliminate enough of it - is very important. Jerry: Okay.

Dr. Wallach: Okay. Thank you; Does that help you out, Jerry? Jerry: Yeah, that helps me quite a bit and I'm going to try it out with a couple of the students that I have in mind and I will definitely let you know how it went. Dr. Wallach: Yeah, great,.and of course you want to have the parents go through those boxes of all tlie items that have sugar in it or give them ten cents for every different can, box, A-ll NEW VISION INTERNATIONAL, INC., ET AL. 295 278 Complaint EXHIBIT A bottle, or bag that has ·sugar in it, you know, something, some incentive and you'll be amazed, it'll be a lot of fun.

Jerry: Great. Great. I appreciate it.

Dr. Wallach: Okay, Jerry.

Jerry: Thanks.

Dr. Wallach: Okay, thank you. Yeah, Max. if you had to have one recommendation for parents when they discover •• usually parents discover on their own that there's a problem or a teacher tells them. Personally, I like to keep them away from counselors and shrinks because they invariably direct them and convince the parent it's the right thing to do to get them on Ritalin and I feel if the parents are really interested in the child, I give them the advice without suggesting that they go to a counselor or a shrink. How about yourself! Max James: A major concern here over t4is child self-esteem and it's a problem that can be dealt with and it's going to require a great deal of patience and a tremendous amount of love for that child, but thati believe that the problem can be overcome without drugs and that the problem can be overcome with nutrition and number one, you must reduce the amount of sugar. Number two, because you cannot reduce all the sugar, you've got to do something about the negative impact of the sugar and ~o we start just with that recommendation. Diet, diet, diet Dr. Wallach: And as you point out, it's a life-long process and some get it and some . . don't. It's really a sad thing. And again, I attribute the kids who don't get it is because the family is not willing to give up sugar in their own lives and give the support that's totally necessary for the kid and do the education that's necessary to have the child make the association between sugar and the negative behavior.

Max James: We've also had great experience, by the way, in going to the doctors. Not A-12 Complaint 127 F.T.C.

EXHIBIT A being a medical practitioner myself, I'm very careful of course ·when children are on prescribed drugs and I suggest to the parents that they go to their doctor and tell the doctor_what they want to do. Tell the doctor that they want to try an alternative and Dr. Wallach, I simply have to say this that there have been no long-term studies on the negative effects of Ritalin or Zyler or some of the others that are used and it seems to me that there'is something wrong with the picture that says we put adults in jail for possessing this drug and yet we're forcing our children to take it on a daily basis. You know, there weren't any phannacies in the Garden of Eden and I've just got to believe that this can be handled using natural supplementation. Dr. WaUacb: You're absolutely right and it's a matter of giving up that sugar, 148 pounds of sugar per kid per year and supplementing them properly and the best way to get their minerals is in the colloidal form, of course, 98% available to them. And I've just seen such wonderful results with pills. It used to take me, oh, somewhere around, oh anywhere from four to six weeks to see some real progress because you can't absorb the elemental forms of minerals very well. Even children only would get 8-12%, but with the colloidal minerals, I've had so many parents come back to me and say, hey, in 72 hours this kid i~ just a different child. The teacher asked if this was the good twin.

Max James: Right.

Dr. \_\'aUach: And I'm sure you've seen the same thing. Max James: I have indeed. My brother is a doctor back in Memphis, Tennessee, and his children suffer from this malady and they have seen results overnight. Often I hear by the next morning a perceptible change in behavior. It's truly a blessing, Dr. Wallach.

Dr. Wallach: So people have everything to gain and nothing to lose by doing this. A-13 NEW VISION INTERNATIONAL, INC., ET AL. 297 278 Complaint EXHIBIT A Max James: Amen.

Dr. W aUac:h: Absolutely. And we just want to thank you a lot, Max. Max James: Well, thank you for sharing this time with me. Dr. WaUac:b: Yes, and I appreciate all your experience and hope that this works and - [music] Voice: Max James has taken this mission upon himself to educate as many parents as he can. Please tum to Side 2 to h~ more about God's Recipe: [END OF TAPE SIDE A. START OF TAPE SIDE B.] [music) Voice: During a recent phone session, parents of ADD children met with Dr. Kris Van Oeveren and Max James.

Max James: Bobbie, would you mind leading us off? Bo~bie: Oh, not a bit Max James: Oh, fantastic.

Bobbie: I am so excited to be able to share the wonderful things that have happened to my daughter. She. started showing signs of ADD when she was in first grade and in second grade she started out above level in reading and ended up with below level at the end of the year. There were a couple of other children in her classroom that also had tlie same problem as Katie . and between all of them mixed together, it was a pretty hectic classroom for the poor teacher and by the end of the year she was doing cartwheels in the back room and the whole nine yards and not really learning anything and s~e was also having social problems. She was having these fits of rage. She couldn't hold friends because of the rage that she was showing and the rage was A-14 Complaint 127 F.T.C.

EXHIBIT A coming out at the family and on her sistet and she was just, poor thing was in trouble all of the time. You'd ask her to do a specific task and go and check on her in about 10 or 15 minutes and the poor little thing was in a trance, I mean. it was like she was_staring off into space and it's like, honey, why haven't you done what we asked you to do, you know, you've been here for 15 minutes. No, Mom, I just walked in the room. And she was very honest You ~ow, you can tell when kids are fibbing and she was very, very honest with the fact that she felt that she had just walked into the room. So, this was long before I found these wonderful products - the multi-enzymes and such. We started working with a naturopath and she did help us. She said that, you know, a lot of times with food allergies that these things occur and so we did change her diet and so on and so forth, but when we started on the colloidal minerals and the enzymes and the Proanthocyanidin product that has the ginkgo biloba for the brain, etc., my daughter just came up 100% better than just with changing her qiet and in two weeks her teacher calied me at home during the day. It scared me because I thought something had happened and she said, Mrs. McKuen, I would like to know what it is that you're doing different with Katie and I said, well, in what regard, you know, after having so many bad phone calls, you know, ~th a child with ADD, you kind of don't want to volunteer too much. Oh, gee, what have we done now. She was wonderful. She says, I don't know what you're doing with her and for her but whatever it is, please don't stop. She says please do more. She said Katie is focusing in the classroom an~ she is; her attitude towards the other children is changing ~d she's calming down and she's actually grasping onto concepts now. And I said, well, gosh, it's only been a couple of weeks since we started her on these new products, these natural health care products and she said, wow, I don't care what it,is that you've done. I !lid just so excited. She said, I'm really beginning to see what a wonderful c.hild Katie is and you told me that at the beginning of the year that she was really a A-15 NEW VISION INTERNATIONAL, INC., ET AL. 299 II 278 Complaint I EXHffiiT A j I I ! i i wonderful child. but because of the these problems and stuff with her ADD, it's hard to get to know the real Katie like you have the chance to at home and she says, I'm just so excited that I've had the chance to get to know the real Katie underneath the problem. She said this is just wonderful and the year has continued to progress and she is just doing absolutely wonderful. She has several friends now. Sh~'s become quite popular in school and she's doing much better on her homework and we're still working with some of the backlashes of the ADD, but Katie is definitely a success story and we just started her on these products and so we haven't had her on them for an extreme amount of time before, you know, we're very pleased thinking that she's just about cured from the ADD symptoms.

Dr. Van Oevereo: Oh, that's a fantastic story. Fantastic. Max James: Jackie, why don't you do the same. Just tell us what's happened in your I !. special family with ADHD and nutritional supple~ents. Jackie: Okay. I have a son who is 14 right now and he has had ADD since he was teenie. He was one of those kids that was hyperactive and couldn't sit still and loved to experiment and was always breaking everything in the house. We bad trouble with the I i waul~ get terribly i frustration mainly. Everything he tried to do was so hard for him and he-I frustrated. When he was learning to read. he would read a word fine one day and then he wouldn't remember it the next He couldn't remember the multiplication tables. When he was II spelling, he'd drill and drill and drill and then he wouldn't re~member it the next day and it made him so frustrated, and so, usually with his schooling, he would do 10 or 15 minutes and get soi frustrated he would go out and jump on the trampoline. He's very good at that. Also, another thing he used to do is when he got, really frustrated, he'd kind of almost roll up in a ball and say . I'm so dumb, I'm so dumb, I can't, I can't. How come I'm not like anybody else? And it was A-16 - - --------- - - Complaint 127 F.T.C . .

EXHIBIT A driving me crazy and I felt l~e I needed to put him on some kind of drugs just because th life seemed so miserable. And we really didn't want to go to Ritalin and so we kind of worked with him and worked with him until we found these products and it was amazing. We gave him the first dose at night and the next morning when we sat down to do, we do scripture reading fast and when we sat down to do our scripture reading, he tbok his turn and he read fluently. Not one word at a time, not sort of sounding them out and looking at them as if he'd never seen them before. He read fluently, just as fluently as could be. And we were just shocked because this is - he'd only had two doses, you know, night and morning. And then he sat down at the computer and typed a story. And the story ended up being .:...lie typed that day for like six or seven hours with a little while off for lunch. Straight through. When l).e came across a word he couldn't spell, he'd always just fly into a rage. This time if he came across a word he didn't know, he'd either spell it the best he could and theQ use the spell checker or he'd ask somebody and go right on. No rage, no frustration. And his story is absolutely amazing. He sent it in to the contest right now. He won fiist place in the local contest and it's in the state-wide contest right now. Ifs an amazing story. He did a fantastic job. And I can a!'fays tell if he has remembered to take it or not because if he hasn't taken it, then little things bother him, like he can't find his shoes and he'll, he just gets so frustrated and so angry and all you need to say is hey, did you take your stuff? Did you take your pills? Nope. It's just really easy to tell. It's made a huge difference in his life.

Max James: Oh, what a fantastic story.

Dr. Van Ocveren: That's great Max Ja"mes: Great, great story. Thanks, Jackie, I really appreciate you sharing that with us.

A-17 I_!l ________ _ NEW VISION INTERNATIONAL, INC., ET AL. 301 278 Complaint EXHIBIT A Dr. Van Oeveren: That's great.

Max James: Dr. Kris.

Dr. Van Oeveren: Yeah.

Max James: Any particular thing you'd want to add into that? That's classic or that you've observed? Dr. Van Oeveren: Well, rm not exactly sure why sugar is the main problem. There are a few Concepts that we're fairly sure of and that is that refined sugar is the main culprit because it gets metabolized in the digestive system much quicker, basically raises havoc with the rest of the metabolism of the sugar. And it causes a very high influx offnsulin to regulate this immense absorption rate of the refined sugars. That's basically the mechanism involved there is that we're just iri - primarily, we're just taking in the _incorrect form of sugar which we were never intended to receive that way. We were intended to receive ~ar in a natural form like from fruit or vegetables and so now what's happened is through that violation, the digestive system is imbalanced, you might say. Its ability to tolerate these sugars has decreased and then of course that leads in to dysfunction. Where the enzymes come in is twofold. One is to try to help the body recover from this dysfunction by providing enzymatic action with the sugar that is inevitably going to be a part of our diet and thus helping to regulate the metabolism better. That's the primary function of how that does that The second deal is, what it also does is it sort of gives the body an opportunity then to heal up certain aspects of the digestibility of these sugars by providing its own enzymes. When you have a dysfunctional system, it takes time for the body to heal and in getting this extra help from the enzymes is, it gives you this extra time and ability for the body to heal it u~. So, it's. a twofold situation and it's in conjunction with a person having to reduce the amount of these refined sugars in their diet and then supplementing A-18 ---~---"-- - - Complaint 127 F.T.C.

EXHIBIT A in the enzymes to help the body recover and bring it back into balance and also 'help regulate normal metabolic process of the sugar.

Mu: James: Fantastic, Kris. Thanks. You related that to the co-factors. 'Dr. Van Oeveren: Because it-is required to be metabolized so much it depletes the body of the co-factors and co-enzymes or co-enzymes are vitamins and co-factors are_minerals. So that's why the minerals fit into -this program is that you end up depleting or utilizing the minerals ·available in the body just to try to maintain as long as it can-while the person is taking in these processed sugars or violating natural digest,ive processes, so if you're depleti.rig your vitamins and your-minerals and your enzymes, it's somewhere along the line, it's just going to raise havoc aud something's going to give. And in this case it's ADD. So the remedy nutritionally would be to supplement back in the vitamins~d the minerals or tb,e e~e co-factors and co~es, along with the food enzymes to bring the body bac_k into balance. Mu: James: Dr: Kris, what about the-anti-oxidants and what benefit we_may be receiving by the people that are ADD? Dr. Van Oeverea: Well, the anti-oxidants- of course, anytime that.you're going to have tissue dysfunction, you're going to have-inflammatory·processes going on more than likely and, of course, the anti-oxidants do have an effect on inflammation in attemptiitg to reduce it, 'thereby also trying to bring back into balance norma! function. Things like ginkgo have elem_ents of them that get into the brain to help in the tissue in that particular organ. So there's a . relationship there, I -think, ·between utilizing antioxidants and also getting into s~ific regions of the body or specific organs, for example, the brain with·ginkgo and this helps then to bring back into balance the normal function of specific tissues or organs. Max James: Okay:-super. I'v~ got one last one for you, I_<ris. Children are getting the A-19 NEW VISION INTERNATIONAL, INC., ET AL. 303 278 Complaint EXHIBIT A there? ~it curable.? Do'wejustleam,to:deal withlt?· Wb.a(s thesi~on? Dr. Van-. O_ev~re.n:-The basic premise is the b:o4Y's a,self.-h~ing_ organism,anlf in order. for-it to_coqtim,le to main~ its natunll:processes of.self-healing, it n~ds t9·b!: f~ And;ifiwe CQntinue to feed it appropriately, it ~ its best oppo~ty then to-~tain proper. h~th. . Tha\ ' . . . ~cends all age. It d~n't.matter how old }:'OU are. I thinlc that the answe.rtis basica.Uy-the sallle tJllng.

Max James: Right. Fantastic, I<ris. Thanks v.c:rY -mi.ICh. Sure appreciate your, tim<l. Dr. Van Oever.en:.Okay. Thank you.very much, Dr..,Vao,Oeveren:. Okay. Bye-bye.

M~J ~a~qes: W~ll. let's see. Mike-Hart, Mike: l:li. Max.

Max.James: How abo\lt telling us what's.going on.in your ~ly,? Mil(.e: Travis is a five-year old yowtg IJUUl• Great J!CJ:SOnality. W.e -have.~e&to . keel> him away from the though~ofhaving _to tace Ritalin by natural meap.s. First, .w~ t9ok S\lgar out of his life. At about three y_ears old, Travis had some challenges and when ever he lll¥1 sugar, h~ became a totally 4ifferent pers.on. Everybody out th~re lis~ning, if you're listening to this because you have a challenge, you alre;ldy know all·the, stories. You.know what.happens. You know. what haps>Cns in school; You know what hapi'Cns at_ho~e, You know w~t happens.to. the cfla.r1lc~er of the ~~.ons we're talking about. It's .notjust·Travis. This is. happening to. chih:lreq ~I over America. With-sugaz:, we control, th~ir lot. W,e.cha,nged.his li(e a lot Only~ as .ml!<;h as.JYs .li(~ changed whc:~ w~ -were able: to7~ve-him minerals, eflZYllles and OflC'S; The &roup togethf?r, rt<ally. -~~ -soqte major c s. ~~(-want to,s_ay wheq w~_ first ·started ;~ving A-20 -- ... - -- - ----=-.-:=...

Complaint 127 F.T.C.

EXHIBIT A 1im the products, we halfheartedly gave him the produc.&:; and we've seen minimal change. It wasn't until we got really regiment about giving him th,..se products all day, every day and what I mean by that is by giving Travis these products three times a day, or if it took four times a day, you could tell when there's a mood swing and there's a change has started to come on. We made sure that he had an enzyme whenever he ate anything. '.If it was a piece of toast, he had an enzyme: He ·had minerals at least twice a day and OPC's at least twice a day. What a difference. He's a little gentleman. All of the things that we were experiencing that could have led us to other means of, you know, what a lot of other kids have to take. I _know some other programs that are trying to get all kinds of other types of programs going, but we combated it naturally, not even knowing that we had the major problem. So, we're like so many others out there. We think that our child is just maybe a little more excited, a little more ornery than others and that's normal. We think it's normal because there's so mapy other children out there that we can compare him to. So we think that's normal and what we have to learn is it's not normal, it's common. There's a lot of other people out there, a lot of other children or even adults that we can compare it to that makes it common, but not normal, so if you keep that in mind, there is a pro_blem that needs to be addressed and there are ways to address it naturally. It's really wonderful.

~ax James: Oh, that's a fantastic ·story. Zoanne? Zoanne: Yes.

Max James: We understand that you've got a wonderful story to share with us about nutrition in your family and ADHD.

Zoaone: We started abous four and a half months ago and this has been the greatest four and a· half months we've ever had, ever. My son is six and ahalfyears-uld. In fact I had talked A-21 NEW VISION INTERNATIONAL, INC., ET AL. 305 278 Complaint EXHIDIT A to Jackie Ruland about natural things to help for the ADD and this is what she told me about. And at that point, my son. he's in first grade, the principal was·bringilig him to my work to get him out of the school. He was running away from school. He was talking_!>ack to the teachers. He was a severe discipline problem almost tO the. point of being kicked out of school in first grade. That was the main thing. We had just taken the written test through the school for ADD. The teacher made it out that he was an extreme discipline problem and that he must, we· had this meeting. They said I must not discipline him enough. I must not be structured enough with him. All these things that were my fault that were his fault And right after that meeting was when I started the pills. And I started with one a day. And I didn't see much difference for about aweek and so Jackie told me to try two. And so I tried two pills a day over the weekend and then that Monday, from that time period O!J, we have had Perfect be~vior all the way through. He won a little pin from the principal for his outstanding wo~k. He got a trip to Sam's Town all paid for by the principal because he has done so fantastically. They're on a green card, yellow card, red card system, green card being the best He used to be getting he was getting two to three red cards and a yellow card every week which was bad, bad. And he's gotten one red card in four and a half months. His teacher says that she wishes that she could. get the stuff for every. kid in her .III class. Just everybody comes into my work. Every day. I hear it I hear feedback of how great he's doing. What is he doing, what are we doing. It's fantastic. M:u: James: Oh, that's a fantastic story_. . •• a fantastic story. Let's just take a moment here and let me see ifl can't get John to join us. John! John: Hello! Max James: Hello, John! John: How are you? A-22 Complaint 127 F.T.C.

EXHIBIT A Max ,J:ama: Good, thank you fe:: '.:c.:cin~ .time to join us. ~y do IIPI'reciatc. it John: Ob, you're welcome. rd a~ 'NctJs .sutfcredfrom- wbicb I didn't know what it was;- IJound_out(~er. it.was ADD. l'suffercd· fr- 'll a real attention p,rvblem, and·fd-get f9Caused on certain things that were v_ery confusing to me and it caused me a.lot,_of:problems. It caused-me. all. kinds of problems in . s~;hool. I. remember the -~ tihle in Sc:cond gl'l!de they were trying to- . .· figure out whether or not to let me go into third grade._~<I_ I: was very distractc4. Reading was a real chatlenge-(or-me, Coqcentr;ltUig on.the teacher, or even, anyone in j~ a single conversation was a real c!WJenge. And it turned out that obviotisly it was not personality .. I thought, it w:as just my person.ality,_and I used to get into all kin~ ofprcdiCa.ments bequse of it Create a lot of tension with my family and with learning in g.general. And to make a.long story short. when I origi!lally started4 supplementary minerals, with the C9lloidal Dlinerals, I started regaini.pg control. Control.that I had.never really had before. And lo9~g_b!I-Ck. having ~pped out of high school in_the loth_grade,looking_back at all this, just ati·the unnecessary tra~_due to something~ was preventable, it is just neat- it's neat to.see that all·these kids that I'd been around, and all tl)ese people I'd seen had similar disorders,_that they could have avoided it, and_avoided the gnef due to it, jll$t from supplementing minerals. And 1-hear you guys. have some other remedies for the disorder, and that's really exciting to me. I found that I really do - I really do love enzymes, and I recently heard that the enzytll!=S are helping the ADD cases, and I think that's .pretty exciting too. I notice that when I. get on any kind of sugars, or I eat things that are not really good for me, I turn into a completely different person. And allofa sudden some of the prior problems.and disorders and·different·symptoms set in pretty heavy. And it does take quite a bit o(minerals, and e~es really do -help too, in ~re~g down the sugiU'S for me. That's mY little s~ory. I tell you, when I got-on minerals, the control_that Lhad back when my life A-23 NEW VISION INTERNATIONAL, INC., ET AL. 307 278 Complaint -EXHIDIT A was very exciting. I started reading, t..td I'd get up and .J just wanted to read. And just started feeding myself. -Feeding myself all lands of things that I didn't get before. Started having relationships that I hadn't'had before with my mom and with my brother. With some friends that I used to -just not get along with real well. I think it was really due to deficiencies and the disorder. It really was challenging for me to ·k~ a rel!Woruihip of any kind. And it's just really been a blessing to me.

Ma:t James: John, would you say that it's had a significant'effect on your business career? John: Oh, there's no question. You cannot be in btisiness for any length of time successfully with the type of symptoms that ADD causes. l was always in business; I never did have a job. rve·never had ajob in-my life, with the exception of a paper route. And I've always, I've always had' some kind of business of some kin!I, and-the reason I never had ajob is_because I could never keep any kind of job, or take any kind of orders, or concentrate on any one task for any length of time. So I had to choose employment that Wlis - oh that would work around my crazy schedule and habits and things. And so I had all kinds of different businesses, like I'd mow . lawns, .and I used to paint fences. And I got into automotive and painting things; things that were craft oriented. And that was about all I could do. It definitely enabled me to do things that involved a lot of multi-tasking and concentrating on many different things versus just one singleminded thing. I was &always good at what I did before, but I was-just good at one sirigle minded task at a time. And now I'm finding rm able to do many things at once. And it definitely has impacted my business. No question-about it Max James: John, thank you very, very much.

John: You're very welcome! A-24 Complaint 127 F.T.C. · EXHIBIT A Max James: For tt .': ~ :J tile time out. and joining us. John: Bye-bye.

Max James: Uh-hub. Now rve learned a lot tonight And I vezy much appreciate your being willing to share all of this. I think one of the things that I'd like to end with here is Zoanne said, "Thank God." And it seems to me that we have pi'operly titled \¥hat we're doing and the success of this formulation, this combination of natural nutritional supplements with eight. ten, fifteen calls I get a day and the hundreds and hundreds of parents and children now that are benefitting from this, we really can, I think, in good consciousness call it God's Recipe. And what most of us are doing is two ounces of these colloidal minerals spread during the day, maybe first thing in the morning and the~ sometime mid to late afternoon, 40 inilligrams of this Proanthocyanidin, preferably one that comes from grape seed extract in combination with Ginkgo Biloba and we think that you should take ¢.ose roughly at the same time that you take the mineral supplementation and then lastly, because there is no question that sugar is a major culprit in ADHD and ADD, we need to eliminate sugar as much as possible from all of our diet~, but particularly from the diets of those that are vezy sensitive and impacted negatively by sugar and in order to help ease the problem of the sugar that we are unable to eliminate, these multienzyme capsules are phenomenal because as Dr, Kris has told us toni"ght, they assist mightily in metabolizing the sugar and getting that whole digestive process and the reaction of digesting sugar under control so that we don't get the mood swings and the metabolic swings. So we call that God's Recipe. Hopefully, with the ipformation.that you have been kind enough to share with us tonight, the recipe will spread and the resultant blessing will occur to as many people as possible. So, I wotildjust sar., agl\ffi. thank you.

[music] A-25 NEW VISION INTERNATIONAL, INC., ET AL. 309 278 Complaint EXHIBIT A Voice: To(;: :, tiow you can start your children on God's Recipe, ccJ : ·. l1e person who thought enough ~ (;.7 . you this tape. All proceeds from this tape are don" ''""-~ <u ADD research.

[END OF TAPE SIDE B.] A-26 w ........ WELL BEING Journal VOL. VN0. 4 JULY/AUGUST 1996 "Tj Attention Deficit Disorder Reversed·syMaxJames § Former Executive VP with Daya Ion of America waotl to rid the world [:Tj of Ritalin, substitute good nutrition and dietary supplementaln its place.... ~ l' I lllm<lod a lcctw1: by Dr. Krio Vall O..C.... lut you, ll which lime be rtllod that iD bio praaicc, ruflmd 1htou&h lbc ~ IIIIi pb,..lcal pU>a of willwlrawal. Alscb:d, be waa II:Ued aad be oftal dealt 1rilb cbildrm wbo wm ADHD. Ill 1111111)' cua~ (but DOC all), ilwu bio opiDiaD cb.ll lawlllid ba:ulo be w co ao t.o lbo oclr:d office 10 chal be C>C>Wd "a« bio 'Moira•. Ho,...tbo8o c:bildraa-= omablc 1o ~ pRIOCIIJUpr ot sl...,..,llllll if )'Oil oddocl a aood multi· aii......S t.o lak.ocxamo iD aeopu1111o """"...:laftm .... ., opm bock, IIIIi bit~ ........S ~C01Z)'IDO ""f'Plasaa <- CCIIII&iDiD& lldliciall sJ.-..mylaac) lo lbcir dicu, cb.ll d>c prob..... him of cboalir>a. Hit~ led !.0 bio """boils ablo lo .-11 lhooc lbiQp- doildnD t:' [:Tjwould diuppear, ot u a mmimum, be Jlady Rduc:od. · cuily comm.itio "* _,- auc:b u lbc ABC'a, lllllllipliCIIIiaD lllllcl, lpOIIiDa 'IOIOids, c:tpilcb of [:Tj lbo ltllCI, ccc., all of Ibis lcedirlc 10 a IDI&IIoa of Klf ..aa:m, aad Ibis lou loodiD& 10 lllp, () (") ~of my- wtldooad lbc ..,...W.IIIII aix f'nulla&ioll, IOCial ................ aod "' baa vialaa. RllaliD 6:lr beiDa 011 sulla' lhn>uihHaW>c 0 0 cb.11~ ofbio 'Azt )'OIIIr)'iallo tdlmo dwllbllnadcl I C>C>Wd wu aboolutdy liJi:, I I lbouab&. 3 haw avoidod pullil>c my .,.. (IIIII my family) 1braun cb.ll aipanarc &am bdl by simply &Maa Upon ~!rem 1bc 6lh pwlc, be waa IOill 10 T-10 viail bio pMIIparcall b alaot "0 ~....... clall~ ~ill' a place cxpcria>cocla nay 0111bc 30 4ays, &.1m, of Ill IIIIi be 60% oflhooc........,;.,.him 100'" I &WJIIIIII a rupplcraozll? adaou lbc IIIIW'al aood lallriticD.. .,.u fnalam But ...., ~ 50 &em 10 &0 AND HE NEVER WENT BACK ON RITALIN. 1'loollb 10 poomda. pill. twdvc aaawitb IO<mar:iw bio my ..., of IIIII lbc would DOt let Ibis ...;,Ia aix lbrouab family i!wiDa a·ii.i'lllaiiDiD& diocloowc rubside !rem my conocim_.•. I dcc:idcd 1o 1at Ibis i4ca ·wilb frio:Dda &om bani WOfk CD bio p&l1. """"'-..lorfid, poliall. aod ~ ~ be ....,.,...Nlly C/.l~ t::O C/.lMaaphil, wbo had a - 011 RilaliD, IIIII 11101 doia8 v.cU 11 all. Ju 1isct, be waa d>c oamo ICC u my catDOd a bisb school aad a c:ollo:F cdlociliao. Ho W&l albdod lbc oppar1IUiily u a omiot illlliab1011 wbcD OW' cing odyucy bcpn. It wu, simply put, a aood~ jow'Doy. achool10 lllald a apocial adlaol, ~by lbc UDivaoity oflbo Paci6c, ill tobi<ll Jb; priD::ipoJ ....... objocli~ - 10 I'OOI&Ibl.iJb 1bo lllidoala' oelf-. Oac - aaly Cl:lllliDuc 10 .......... tobal 0 The discomy of lbc problem IIIIi tbc diapltis ll Sl&llford Uoi..,.iry """"""' 10 be bad """"'aood pcnrw>a>1 c1amocc bu boa> .......ps 11p011 bio bcdy IIIII opi.ril, br I 40!1 !ty& we put tdulg ie z,_., 'He has a 'leanWrc <lisabilily" IIIIi be ia ~· (DOW called ADHD), however, be is jajl (or poycaaiat0 pd yst, WS (prw H[ r.bjJdrp IO like ft I 4ej)y byla, ~ isc>an~Dey btipllllll C:aA be IRII.Od 10 cb.ll be ..W be able 10 adoquauly fiiDcli011 iD a 1101111&110Cial ccniblywrma !!ilh lbit piaw'c. u m~ IIIII obcaiD ao approprialc ca.c.iao. • [:Tj '!boy &p!OIIIO baw lbcir _.. lbo Back 10 my ill llioDda T-. psodialriciiiiiiiiiJIIiiOr (")....... ovr:t wilb of a 30 4ay ccmbiDod tdlliliOII period, lbc of ...na.iD AIIW1II RllaliDThe IOiulioD wu """ of lbrcc choices: We C>C>Wd iamuliooali= him iD a.modicaJ £ocility lbal had ~ mdrilioal1 C/.lchildrCD wbo ....-elllllfcrial wilb -.1 diaabilitica up 10 lbc moclical ~of '11101'011'; Or v.c supp=-a. Allbc cad oflbit rat period, lbcy n:ponad m.tlbc Rilalillwu DO lciiiCer bciot ....... ClOIIId llllallpt a ~ eliot chal ralricl.cd .-IDoclo chal ..-bciac .........S 10 him DOC aaly 11 taka> aod cb.lllbcR had bcm ag wgctys sb•nm ill bs!yyjpr. 0 ........ but "' ocboollllli all olbcr ........ wbae be - 6:d, iDduclizlc ~ IIIIi Clllcrlaimnall an~ slowia& rq>CIIU of zC/.lCVCIIII. Or M spyl4 py! bjm !11 Jb; 'drug gfd!pjq' Rilaljp Now, lw.odrcda aod pabapa mmy ~of -lola,....-. lbcir dlildrma' ~ p.:rm.- iD lbo ~ Cll\'in:amallu wdl u lbc 10Cia1 For aix ~. tbio dna, ..tW:h ia mere populorly called 'SPEED', ddJydralcd my.,..,, bccly 10 ~ iD wbicb lbcY-ubd 10 ~. Ju fisct, !!IWe I ba~ DO ccnifiod lllllillic:al ruch ao -lbal.be ~y l.idLod bio dty Ups c:&llliaa cawtaa1 chappina ...:1 bloalina. tk cvida>ot 10 auppon doia CCIDChaaiOII olbcr lbao .......... I ...., DOC had a aiacJo ""P"'t t.ck 10 me had bu&e blue cin:la uadcr bio cya &om Jb; cing abulc. Ho had DO oppc1i1c. became lbal evao """ liqlc dW4 bu had 10 niUl1l 10 Rila1iD aac:r llyi2l& a callbiDabcm. of cbnc -.ml maiGowisbed IIIII 111 Jb; ... of 12, weiabcd aaly 50 powds. Evay wedu:Dd aod 011 bolidays, be lllllritiOIIalsuppa-. !!bido I call "c.d'a a...ipe". NEW VISION INTERNATIONAL, INC., ET AL. 311 278 Complaint EXHIBIT C God's Recipe 1.) 2 ounces of Colloidal -. Minerals.

2.) 40 milligrams ofhighly effective antioxidant - OPC _capsule combined wjth Ginkgo Biloba. _ 3.) Multi-enzyme capsule with every meal ~d with every significant snack; as well-as the elimination of as much sugar possible from the as diet.

* See back page for more information EXHIBI'l' C - ----- - ·-- --- Complaint 127 F.T.C.

EXHIBIT C Information on our "God's Recipe" Products 1.) Colioidal Minerals These are minerals in a delicious liquid form that children of all ages really enjoy. The minerals are extremely easy for the body to absorb as they are extracted from plant source deposits of vegetation origin. In fact. the absorption rate in the body of these minerals is much greater than elemental minerals taken in tablet form. There are over 60 minerals in every 32 ounce bottle.

l.) Antiondant with Ginkgo Biloba: · This antioxidant is OPC and is derived from the original patented grape seed extract. It has 50 times inore antioxidant potency than. vitamin E. and 20 times more than vitamin C. In-cooibination with Ginkgo Biloba and other herbs. it can have a very positive impact,on one's health. ·3.) Multi-Enzymes As the basis of all metabolic activity, enZym.es are the driving force of our body's more than 150,000 biochemical reactions. Enzymes are • I very important for effectively metabolizing sugars, an activity of-critical importance to ADHD control. A balanced blend of enzymes and minerals maximizes the assimilation of nutrients.

WHEN TO TAKE GOD'S RECIPE Take one ounce of CoUoidal Minerals and 1 capsule (20 milligrams) of the Antioxidant with Ginko Biloba first thing in the morning. and both ~mid-to-late afternoon. Take 1 capsule of Multi-Enzymes with. each meal and with each significant snack. Eliminate sugar throughout the day and evening.

We wish you and your family the best. If you have any questions, or would like to place an order. please call us at:

NEW VISION INTERNATIONAL, INC., ET AL. 313 278 Complaint EXHIBIT D GOD'S RECIPE TESTIMONIALS "Good ewoing Mr. James: This is Shoodra W. I had talked to you about a month ago to get information from you about how I could get my son off' of Ritalin. And I just wanted you to know that I have had him completely off' Ritalin for the past five days and I couldn't be more pleased with the way he is doing, he is doing so wdl. He is such a pleasure to be with oow. And he is feeliog better himsd( he doesn't even want foods with Slip'. And I just wanted to tell you 'Thank You md I really appreciate all of your help.' • (Shoodra W., Texas) "Dear Mu: Your letter regarding your personal experience with ADHD was absolutdy fabulous! It moved me to teats, because I could really relate to it with the problems I have been having with my own son with ADHD. He is now 16 years old, has been on Dexedrine for 2 yeai:s, and has lost 30 pounds! He is developing a tolerance to the drug and his doctor has had to keep increasing his dosage from 5 mg to tbe c:urreot 20 ms- He is still losing weight and I am very concemed. He bas just recently begun using your 'God's Recipe' with (the. doctor's) blessing. I have pennissioo from oiy son's pediatric neurologist to distribute ('God's Recipe~ product literature and tapes to other parents of clnldren with ADD/ADHD.• (Ciieryt G., Michl· gan) "Dear Mu: I am looking forward to hearing your presentation at the conference. I will be sending my first mailing to over 200 teachers and to approximately 150 bomescbooling families, mmy of whom were motivated to homesdtool because ofleaming difficulties which include ADD or ADHD. I know mmy families who have members who are also struggling with the symptoms shared by those diagnosed with Attention Deficit'Disorder, IS WdliS the devastating side effects they experience IS a result of Ritalin. This article (My Experience. .. •j had such an impact on me that I want to tell everyone about the news and eocounge them to tell others - they deserve to be aware that other choices are available!" (Ttna M., W&Wngton) "Dear Mu: We started about four and a half months ago and this has been the greatest four and a half months my son and I have ever had, ever: My son is 6 112 years old. He was being . brought to my work. by the school principle because he· was such a severe discipline problem that he w.ti under consideration to be "kicked out" of first grade. I was accused by the school of not being strict enough with my son, not disciplining him enough. It was right after that meeting with the school teachers and counselors that I started him on the program (God's Recipe) and we have had perfect behavior since then. He won an award pin for his perfect behavior and he won an all expense paid vacation from the principle for perfect behavior for four straight months. His teacher says that she wishes that she could get this (God's Recipe) for evety kid in class. This is the best thing that has ever happened to us. I thank God that we have this. [ really, really do! (Zoanne, California) · EXHIBIT 0 Decision and Order 127 F.T.C. . DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft of complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondents with violation of the Federal Trade Commission Act; and The respondents and counsel for the Commission having there~ after executed an agreement containing a consent order, an admission by the respondents of all the jurisdictional facts set forth in the aforesaid draft ·of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that the law has been violated as alleged in such complaint, or that the facts as alleged in such complaint, other than jurisdictional facts, are true, and waivers and other provisions as required by the Commission's Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondents have violated the said Act, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

l.a. Respondent New Vision International, Inc. ("New Vision") is an Arizona corporation with its principal office or place ofbusiness at 7762 East Gray Road, Suite 500, Scottsdale, AZ.

l .b. Respondent NVI Promotiohs, L.L.C., is an Arizona corporation with its principal office or place ofbusiness at 7762 East Gray Road, Suite 500, Scottsdale, AZ.

l.c. Respondent Jason P. Boreyko is an officer of the corporate respondents. Individually or in concert with others, he formulates, d·irects, or controls the policies, acts, or practices of the corporations. His principal office or place of business is the same as that of the corporations.

l .d. Respondent Benson K. Boreyko is an officer of the corporate respondents. Individually or in concert with others, he formulates, .. I_ NEW VISION INTERNATIONAL, INC., ET AL. 315 278 Decision and Order directs, or controls the policies, acts, or practices of the corporations. His principal office or place of business is the same as that of the corporations.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER DEFINITIONS For the purposes of this order, the following definitions shall apply:

1. "God's Recipe" shall mean the following New Vision products, ~s sold or advertised in combination: "OPC Grape Seed Extract with an Herbal Blend," "Essential Minerals," and."Multi-Enzymes with Alfalfa/Barley Sprouts."

2. "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that have been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and relfable results.

3. Unless otherwise specified, "respondents" shall mean New Vision International, Inc., and NVI Promotions, L.L.C., corporations, their successors and assigns and their officers; Jason P. Boreyko and Benson K. Boreyko, individually and as officers of the corporations; and each of the above's agents, representatives and employees. 4 .. "Drug" shall mean as defined in Section 15 of the Federal Trade Commission Act, 15 U.S.C. 55.

5. "Food' shall mean as defined in Section 15 of the Federal Trade Commission Act, 15 U.S.C. 55.

6. "Commerce" shall mean as defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. 44.

I.

It is ordered, That respondents, directly or through any corporation, partnership, subsidiary, division, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of"God's Recipe," or any food, Decision and Order 127 F.T.C. drug or dietary supplement, in or affecting commerce, shall not make any representation, in any manner, expressly or by implication, that: A. Such products can cure, prevent, treat or mitigate Attention Deficit Disorder or its symptoms;

B. Such products can cure, prevent, treat or mitigate Attention Deficit Hyperactivity Disorder or its symptoms; or · C. Such products are an effective alternative treatment to the prescription drug Ritalin for Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder;

unless, at the time the representation is made, respondents possess and rely upon competent and reliable scientific evidence that substantiates the representation.

II.

It is further ordered, That respondents, directly or thro~gh any corporation, subsidiary, division, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any product in or affecting commerce, shall not represent, in any manner, expressly or by implication, that the I experience represented by any user testimonial or endorsement oftheI, product represents the typical or ordinary experience of members of the public who use the product, unless:

A. At the time the representation is made, respondents possess and rely upon competent and reliable evidence, which when appropriate must be competent and reliable scientific evidence, that substantiates the representation; or B. Respondents disclose, clearly and prominently, and in close proximity to- the endorsement or testimonial, either: 1. What the generally expected results would be for users of the product, or 2. The limited applicability of the endorsei's--experience to what consumers may.generally expect to achieve, that is, that consumers should not expect to experience similar results.

For purposes ofthis Part, "endorsement" shall mean as defined in 16 CFR 255.0(b).

NEW VISION INTERNATIONAL, INC., ET AL. 317 278 Decision and Order III.

It is further ordered, That respondents, directly or through any corporation, partnership, subsidiary, division, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any food, drug or dietary supplement, in or affecting commerce, shall not make any representation, in any manner, expressly or by implicaJ.ion, regarding: A. The safety of such product; or B. The ability of such product to treat, cure, alleviate the symptoms of, prevent, or reduce the risk of developing any disease or disorder; unless, at the time the representation is made, respondents possess and rely upon ~competent and reliable scientific evidence that substantiates the representation.

IV.

Nothing in this order shall prohibit respondents from making any representation for any drug that is permitted in labeling for such drug under any tentative final or final standard promulgated by the Food and Drug Ad~inistration, or under any new drug application approved by the Food and Drug Administration.

V.

Nothing in this order shall prohibit respondents from making any representation for any product that is specifically permitted in labeling for such product by regulations promulgated by the Food and Drug Administration pursuant to the Nutrition Labeling and Education Act of 1990.

VI.

It is further ordered, Tp.at respondents, and their successors and assigns shall, for·five (5) years after the last date of dissemination of any representation covered by this order, maintain and upon request make available to the Federal Trade Commission for inspection and copymg:

A. All advertisements and promotional materials containing the representation;

Decision and Order 127 F.T.C. B. All materials that came into their possession from a distributor or any other source that were relied upon in disseminating the representation; and C. All tests, reports, studies, survey~, demonstrations, or other evidence in their possession or control that contradict, qualify, or call into question the representation, or the basis relied upon for the representation, including complaints and other communications with consumers or with governmental or consumer protection organizations. VII.

It is further ordered, That respondents New Vision International, Inc., and NVI Promotions, L.L.C., and their successors and assigns, shall, for a period of five (5) years from the date of service of this order, deliver a copy of this order to all current and "future principals, officers, directors, and managers, and to all current and future employees, agents, and representatives having responsibilities with respect to the subject matter of this order, and shall secure from each such person a signed and dated statement acknowledging receipt of the order. Respondents shall deliver this order to current personnel within thirty (30) days after the date of service of this order, and to future personnel within thirty (30) days after the person assumes such position or responsibilities.

VIII.

It is further ordered, That respondents New Vision International, Jnc., and NVI Promotions, L.L.C., and their successors and assigns, shall:

A. Deliver a dated and signed notification letter in the form set forth in Appendix A to this order to each independent distributor who receives compensation from New Vision International, Inc., any time during the three (3) months immediately following the date of service of this order. Such notification shall be inserted into the envelope containing the compensation check to be mailed to the independent distributors; and B. For a period of five (5) years from the date of service of this order, deliver a dated and signed notification letter in the form set forth in Appendix B to this order to each future independent distributor .within thirty (30) days after the person assumes such a position. Respondent New Vision shall be in complia~~e with this NEW VISION INTERNATIONAL, INC., ET AL. 319 278 Decision and Order subparagraph with respect to notifying future independent distributors if such notification letter is included in each starter kit provided to each future distributor.

IX.

It is further ordered, That respondents New Vision International, Inc., and NVI Promotions, L.L.C., and their successors and assigns, shall:

A. Institute a reasonable program of continuing surveillance adequate to reveal whether the representations of each of respondents' independent distributors conform to the requirements of this order. Such program must include, at a minirimm, the following: 1. A requirement that all independent distributors submit advertising to respondents for pre-approval;

.2. A mechanism for suspending or terminating business dealings with any independent distributor who fails t<? submit advertising for pre-approval;

3. A reminder once every six months of the requirement that all ' advertising must be submitted for pre-approval. Such reminder shall 1· be delivered to each independent distributor who will receive compensation from respondents any time during the month immediately following the date of service of this order, and once during each sixth month thereafter. Such reminder may be inserted into envelopes containing compensation checks, product shipments or company mailings; and 4. A monthly search of the World Wide Web for independent distributor advertising. Such a search shall use a commercial search engine, and include the search terms "New Vision" and the brand names of each of respondents' products.

B. Promptly investigate any complaint about any independent distributor and maintain records of any such complaint, investigation and disposition of the complaint for five (5) y~ars from the date of the complaint, such records to be furnished to the Commission upon request.

C. Discontinue dealing with any independent distributor once respondents have actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that such distributor is making Decision and Order 127 F.T.C. a representation prohibited by any part of this order, unless, upon notification by respondents, such distributor immediately ceases making any such representation. If respondents obtain actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that such distributor has not permanently ceased making any representation prohibited by any part of this order, respondents must immediately discontinue dealing with such distributor. X.

It is further ordered, That respondents Jason P. Boreyko and Benson K. Boreyko, for a period of five (5) yeats after the date of issuance of this order, shall each notify the Commission of the discontinuance of his current business or employment, or of his affiliation with any new business or employment. The notice shall include respondent's new business address and telephone number and a description of the nature of the business or employment and his duties and responsibilities. All notices required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C.

XI.

It is further ordered, That respondents New Vision International, Inc., and NVI Promotions, L.L.C., and their successors and assigns, shall notify the Commission at least thirty (30) days prior to any change in the corporation(s) that may affect compliance obligations arising under this order, including but not limited to a dissolution, assignment, sale, merger, or other action that·would result in the emergence of a successor corporation; the creation or dissolution of a subsidiary, parent or affiliate that engages in any acts Qr practices subject to this order; the proposed filing of a bankruptcy petition; or a change in the corporate name or address. Provided, however, that, with respect to any prop~sed change in the corporation about which respondents learn less than thirty (30) days prior to the date such action is to take place, respondents shall notify the Commission as soon as is practicable after obtaining such kn_owledge. All notices I' required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau ofCons:umer Protection, l Federal Trade Commission, Washington, D.C.

IJ! NEW VISION INTERNATIONAL, INC., ET AL. 321 278 Decision and Order XII.

It is further ordered, That respondents, and their successors and assigns, shall, within sixty (60) days after the date of service of this order, and at such other times as the Federal Trade Commission may require, file with the Commission a report, in writing, setting forth in detail the manner and form in which they have complied with this order.

XIII.

This order will terminate on March 3, 2019, or twenty (20) years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order, whichever comes later; provided, however, that the filing of such a complaint will not affect the duration ·of:

A Any Part in this order that terminates in less than twenty (20) years;

B. This order's application to any respondent that is not named as a defendant in su~h complaint; and C. This order if such complaint is filed after the order has terminated pursuant to this Part.

Provided further, that if such complaint is dismissed or a federal court rules that the respondent did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order will terminate according to this Part as though the complaint had never been filed, except that the order will not . terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal.

. Decision and Order 127 F.T.C. APPENDIX A [date] Dear Team Member:

New Vision believes that the best way to promote its products is in strict accordance with federal and state laws. To maintain the integrity of the New Vision program and to ensure compliance with the law, including the Federal Trade Commission Act and the Food, Drug and Cosmetic Act, New Vision has adopted policies and procedures that it will strictly enforce. New Vision would like to remind you of a few of the policies and procedures set forth in the "Team Member Policies and Procedures" section of your Life Planner.

I. No Team Member may make any claim regarding the ·therapeutic or curative properties of New Vision products, except those officially approved by New Vision. Therefore, unless officially approved in writing by New Vision, no Team Member may make any claims, in advertising, promotional materials, labeling, or presentations to prospective members, that New Vision products are useful in the prevention, diagnosis or cure of any disease or disorder.

2. All advertising for New Vision products must be pre-approved by New Vision. Therefore, no Team Member may promote New Vision Products via the use, production, or sale of any sales aid, tapes, third-party literature, or any other materials unless those items have been either provided by New Vision or approved, in writing, by New Vision.

New Vision has implemented company policies, rules, regulations and compensation plan requirements (as found in the Team Member Kit) to prevent improper, abusive or illegal acts. Any violation of the Company's policies and procedures, especially those related to advertising and promoting the product or the compensation plan, will be grounds for an immediate suspension or termination of the Team Member's relationship with New Vision.

[signature] '----------~----- ------- .

NEW VISION INTERNATIONAL, INC., ET AL. 323 278· Decision and Order APPENDIX B [date] . I I Dear New Team Member:

New Vision believes that the best way to promote its products is in i strict accordance with federal and state laws. To maintain the integrity of the New Vision program and to ensure compliance with the Jaw, including ! the Federal Trade Commission Act and the Food, Drug and Cosmetic Act, /· New Vision has adopted policies and procedures that it will strictly enforce. New Vision would like to underscore for you a few of the policies 1 and procedures set forth in the "Team Member Policies and Procedures" section of your Life Planner. I Ii 1. No Team Member may make any-claim regarding the therapeutic or curative properties of New Vision products, except those officially approved by New Vision. Therefore, unless officially approved in writing by New Vision, no Team Member may make any claims, in advertising, promotional materials, labeling, or presentations to prospective members, that New Vision products are useful in the prevention, diagnosis or cure of any disease or disorder.

I 2. All advertising for New Vision products must be pre-approved by . II j New Vision. Therefore, no Team Member may promote New I Vision Products via the use, production, or sale of any sales aid, i tapes, third-party _literature, or any other materials unless those items have been either provided by New Vision or approved, in writing, by New Vision.

New Vision has implemented company policies, rules, regulations and compensation plan requirements (as found in the Team Member Kit) to prevent improper, abusive or illegal acts. Any violation of the Company's policies and procedures, especially those related to advertising and pro~oting the product or the compensation plan, will be grounds for an immediate suspension or termination of the Team Member's relationship with New Vision.

[signature] Complaint 127 F.T.C.